AGB
Yatra GmbH General Terms and Conditions with Customer Information
1) Scope
1. 1 These General Terms and Conditions of Business (hereinafter „AGB“) Yatra GmbH (hereinafter „Selleräufer“), apply to all contracts üover the delivery of goods, which a consumer or entrepreneur (hereinafter „customer“) concludes with the seller with regard to the goods presented by the seller in his online store. Hereby, the inclusion of the customer’s own terms and conditions is objected to, unless otherwise agreed.
1.2 For contracts über the delivery of digital content, these terms and conditions apply accordingly, unless insofar something different is expressly regulated.
1.3 For contracts über die Lieferung von Tickets gelten diese AGB entsprechend, sofern insoweit nicht ausdrüclich etwas Abweichendes geregelt ist. These General Terms and Conditions shall only govern the sale of tickets for specific events described in more detail in the Seller’s item description and not the performance of such events. The execution of the events shall be governed exclusively by the statutory provisions in the relationship between the customer and the organizer and, if applicable, by any terms and conditions of the organizer that deviate from these. If the seller is not also the organizer, he is not liable for the proper conduct of the event, for which only the respective organizer is responsible.
1.4 For the purposes of these General Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that can be attributed neither to his commercial nor to his independent professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a legally responsible partnership, which acts in the conclusion of a legal transaction in the exercise of its commercial or independent professional activity.
1.5 Digital contents within the meaning of these GTC are all data not located on a physical data carrier, which are produced in digital form and provided by the seller under the granting of certain rights of use regulated in more detail in these GTC.
2) Conclusion of contract
2.1 The product descriptions contained in the online store of the seller do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer üvia the online order form integrated into the online store of the seller. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer by telephone, e-mail, mail or online contact form to the seller.
2.3 The seller can accept the offer of the customer within five days by sending the customer a written order confirmation by e-mail übermitttel, in which respect the receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, in which respect the receipt of the goods by the customer is decisive, or by requesting the customer after submission of his order for payment.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.4 When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. by e-mail or letter) after the Customer has sent his order together with these General Terms and Conditions. In addition, the contract text is archived on the website of the seller and can be accessed free of charge by the customer via his password-protected customer account by providing the appropriate login data, provided that the customer has created a customer account in the online store of the seller before sending his order.
2.5 Before binding submission of the order üvia the online order form of the seller, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries in the context of the electronic ordering process über the üblichen keyboard and mouse functions until he clicks the button concluding the ordering process.
2.6 For the conclusion of the contract, only the German language is available.
2.7 Order processing and contacting usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is accurate so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More information on the right of withdrawal can be found in the cancellation policy of the seller.
3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to a Member State of the European Union and whose sole place of residence and delivery address at the time of the conclusion of the contract are outside the European Union.
3.4 Pursuant to § 312g para. 2 No. 9 BGB, a right of withdrawal does not exist, unless otherwise agreed, in the case of contracts for the provision of services in connection with leisure activities, if the contract for the provision of a specific date or period. Accordingly, a right of withdrawal is also excluded for contracts that have as their object the sale of tickets for time-bound leisure events.
4) Prices and terms of payment
4.1 Unless otherwise stated in the product description of the seller, the prices quoted are total prices that include the statutory sales tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 For deliveries to countries outside of Switzerland, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transmission of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to money transmission if the delivery does not take place outside Switzerland, but the customer makes the payment from a country outside Switzerland.
4.3 The payment method(s) will be communicated to the customer in the seller’s online store.
4.4 If payment in advance by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the payment method „SOFORT“ is selected, the payment will be processed üvia the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 München (hereinafter „SOFORT“). In order to be able to pay the invoice amount via „SOFORT“, the customer must have an online banking account with PIN/TAN procedure that has been activated for participation in „SOFORT“, must identify himself accordingly during the payment process and confirm the payment instruction to „SOFORT“. The payment transaction is then immediately carried out by „SOFORT“ and the customer’s bank account is debited. More information about the payment method „SOFORT“ can be found by the customer on the Internet at https://www.klarna.com/sofort/.
5) Delivery and shipping terms
5.1 The delivery of goods shall be made by shipping to the delivery address specified by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the order processing of the seller is decisive.
5.2 In the case of goods delivered by freight forwarding, delivery shall be „free curbside“, i.e. to the curbside nearest to the delivery address, unless otherwise stated in the shipping information in the Selleräs online store and unless otherwise agreed.
5.3 If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This shall not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the service offered, unless the seller had given the customer reasonable advance notice of the service. Furthermore, this shall not apply with regard to the costs for the return shipment if the customer effectively exercises its right of revocation. For the Rücksendekosten applies in case of effective exercise of the right of withdrawal by the customer, the provision made in this regard in the cancellation policy of the seller.
5.4 In case of self-collection, the seller informs the customer first by e-mail that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the Customer may pick up the goods at the Seller’s registered office after consultation with the Seller. In this case, no shipping costs will be charged.
5.5 Digital content will be provided to the customer exclusively in electronic form via download überlassen.
5.6 Tickets will be provided to the customer by download or by e-mail.
6) Establishment of rights of use for digital content
6. 1. Unless otherwise stated in the DeepL description in the seller’s online store, the seller grants the customer the non-exclusive, unlimited right to use the content provided for private and business purposes.
6.2 A transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted, unless the seller has agreed to a transfer of the contractual license to the third party.
6.3 The assignment of rights shall only become effective when the customer has fully paid the remuneration owed under the contract. The Seller may also permit the use of the contractual content prior to this point in time. A transfer of rights shall not take place as a result of such prior permission.
7) Retention of title
If the seller in advance performance, he reserves the ownership of the delivered goods until full payment of the purchase price owed.
8) Liability for defects (warranty) 8.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
8.2 Notwithstanding the foregoing, the limitation period for claims based on defects in used goods shall be one year from delivery of the goods to the customer. However, the shortening of the limitation period to one year shall not apply to goods which have been used for a building in accordance with their normal use and have caused the defectiveness thereof, to claims for damages and reimbursement of expenses of the customer, and in the event that the seller has fraudulently concealed the defect.
8.3 The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.
9) Applicable law
9.1 Foräall legal relations between the parties shall be governed by Swiss law, excluding the laws üon the international sale of movable goods. In the case of consumers, this choice of law shall apply only to the extent that the protection afforded is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
9.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to a Member State of the European Union and whose sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.
9.3 The place of jurisdiction is Affoltern am Albis, Switzerland.
10) Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
10.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.