The following provisions apply to the arrangement of tourist services from third-party providers by TUI MAGIC LIFE, a Robinson Club GmbH brand, registered office at Karl-Wiechert-Allee 23, 30625 Hanover (hereinafter referred to as “TUI MAGIC LIFE”) and form part of the brokerage agreement concluded between the customer and TUI MAGIC LIFE as a travel agent. They are in addition to and complement the applicable statutory provisions of Sections 675, 631 et seq. BGB (German Civil Code). 
 

Arrangement of (air) travel, hotel stays and other tourist services   

1. Scope of application and contractual relationships 

1.1. TUI MAGIC LIFE  arranges (air) travel, hotel services and other tourist services (hereinafter collectively “Tourist Services”) on this website (hereinafter the \"Website\"), such as travel insurance or hotel inventory, varioustour operators, airlines, travel agents, etc. (hereinafter collectively \"Providers\"). Based on this offer, the customer can conclude contracts for Tourist Services with the respective Provider. 

1.2. TUI MAGIC LIFE acts exclusively as an agent for the Tourist Services of these Providers and arranges contracts in the name and for the account of the respective Provider. An agency agreement is concluded between TUI MAGIC LIFE and the customer in the event that the customer books a Tourist Service offered by a Provider, the object of which is the brokerage of Tourist Services. The mutual rights and obligations of the customer and TUI MAGIC LIFE arise, to the extent that this does not conflict with mandatory statutory provisions, from the contractual agreements made in each individual case, these agency terms and conditions and the statutory provisions, in particular Sections 651a et seq. BGB and Art. 250 et seq. EGBGB (German Introductory Act to the Civil Code) and Sections 675, 631 et seq. BGB on the provision of services for payment. 

1.3. The rights and obligations of the customer in relation to the brokered Provider of the Tourist Services shall be governed exclusively by agreements made with the Provider, in particular its terms and conditions of travel or business. These may include payment terms, provisions on due dates, liability, cancellation, rebooking and repayment as well as other restrictions and obligations affecting the customer. The Providers’ relevant general terms and conditions are made available to the customer on the TUI MAGIC LIFE Website for examination and acceptance prior to booking. In the absence of any special agreement or special notice, the conditions of carriage and fare regulations issued by the competent transport authority on a statutory basis or on the basis of international agreements shall apply to all transport services. 

1.4. The Tourist Services presented on the Website or presented via the booking hotline and subsequently sent by email, if applicable, do NOT constitute a binding contractual offer on the part of TUI MAGIC LIFE and/or the respective Provider. It is an invitation to the customer to submit an offer to conclude a contract with the Provider of the Tourist Service. The customer submits their offer by entering their data in the online booking form and sending it to the Provider. In the case of telephone bookings, the customer submits their offer verbally on the telephone or by email in response to an offer email from the hotel or the Provider following a previous telephone call. The customer is bound to their contract offer for a maximum period of 6 days. Within this period, TUI MAGIC LIFE on behalf of the respective Provider or the respective Provider itself can accept the customer’s offer by sending a confirmation. The contract for the Tourist Service is concluded when this confirmation is sent. However, if TUI MAGIC LIFE sends the customer a new contract offer, the customer may accept this within the period specified in the new offer. In this case, the contract for the Tourist Service is concluded when the customer accepts the new offer sent by TUI MAGIC LIFE or the respective Provider. The contract is also concluded when TUI MAGIC LIFE or the Provider sends the customer an invoice. Neither party is obliged to accept any offer.

1.5. The text of the contract and the customer’s order data are stored by TUI MAGIC LIFE for the execution of the contractual relationship. As part of the execution of the contract, TUI MAGIC LIFE forwards the contract data to the Providers selected by the customer (the Customer Contract Partners). TUI MAGIC LIFE shall provide the customer with all information on the contracts concluded with the confirmation of the Provider, to simplify document filing. 

2. Obligations of the customer 

2.1.The customer must notify TUI MAGIC LIFE  of any errors or defects in the brokerage service that the customer notices immediately after they are discovered. This includes, in particular, incorrect or incomplete details of personal customer data, other information, information and documents about a brokered package holiday as well as the incomplete execution of brokerage services (e.g., bookings or reservations not made). If the customer culpably fails to notify TUI MAGIC LIFE of a defect, the customer's claims arising from the travel agency contract shall lapse provided that TUI MAGIC LIFE proves that the customer would not have incurred any damages or would not have incurred the amount of damages claimed by the customer if TUI MAGIC LIFE had been properly notified. This applies in particular if TUI MAGIC LIFE proves that immediate notification by the customer would have enabled TUI MAGIC LIFE to remedy the defect or reduce the damages incurred, e.g., by rebooking, making an additional booking or processing a cancellation with the Provider.

Customer claims in the event of failure to notify defects shall not lapse

• in the case of injury to life, limb or health resulting from an intentional or negligent breach of duty by TUI MAGIC LIFE or its legal representatives or agents;
• in the case of claims for compensation for other damages resulting from an intentional or grossly negligent breach of duty by TUI MAGIC LIFE or its legal representatives or agents; 
• in the event of a breach of a material obligation, the fulfilment of which is essential for the proper performance of the travel agency contract or the breach of which jeopardises the fulfilment of the purpose of the contract.

Liability for booking errors in accordance with Section 651x BGB remains unaffected.

The customer is asked, in their own interest, to inform TUI MAGIC LIFE of any special requirements or restrictions with regard to the requested Tourist Services. The contractual and/or legal obligation of the customer to notify the provider of defects remains unaffected by this.

2.2. If the brokered Tourist Service is a package holiday, TUI MAGIC LIFE, as travel agent, shall be deemed to be authorised by the respective tour operator to accept notifications of defects and other declarations from the customer regarding the provision of the package holiday. TUI MAGIC LIFE will inform the Provider immediately of any declarations of this kind by the customer. TUI MAGIC LIFE recommends making the relevant declarations directly to the tour guide or the Provider's contact point to avoid losing time even if these are forwarded immediately.By doing this, the customer gives the Provider the opportunity to remedy the situation on site. Statutory rights and claims remain unaffected by this. If the Provider is unable to remedy the situation due to a culpable failure to report a defect, the traveller may neither assert claims for a reduction in price in accordance with Section 651m BGB nor claims for damages in accordance with Section 651n BGB. Statutory or contractually agreed deadlines must be observed. In the case of brokered Tourist Services that are not package holidays, these deadlines are not met by the assertion of claims against TUI MAGIC LIFE. This also applies if the customer wishes to assert claims against both TUI MAGIC LIFE and the Provider with regard to the same Tourist Service. If TUI MAGIC LIFE undertakes — even if it is not obliged to do so — to forward the customer's claim letters within the deadline, TUI MAGIC LIFE shall only be liable for timely receipt by the Provider if TUI MAGIC LIFE  intentionally or grossly negligently fails to meet the deadline.

TUI MAGIC LIFE is under no obligation to provide advice on the nature, scope, amount, eligibility requirements and deadlines to be observed or other legal provisions with regard to any claims the customer may have against the brokered Provider. 2.3. It is only possible to book Tourist Services arranged by TUI MAGIC LIFE once the customer has reached the age of full legal majority. 
 

3. Processing for business purposes 

3.1. Service Centre

The customer may contact the Service Centre with any questions they may have. This is available via the Contact page in the Service area on this Website, as well as by telephone every day at the stated times via the telephone numbers given in the imprint. 

3.2. Remuneration entitlements of TUI MAGIC LIFE  
3.2.1. Service fees for the procurement of other individual Tourist Services and for other activities carried out on behalf of the customer require a corresponding agreement. This can be fulfilled, for example, by a clearly visible notice from TUI MAGIC LIFE during the booking process. 

3.2.2. TUI MAGIC LIFE's entitlement to service fees  shall remain unaffected by disruptions to services or changes, in particular rebooking, change of name, withdrawal, cancellation, annulment or termination of the brokered contract by the Provider or the customer. This shall not apply to the extent that a claim for customer reimbursement arises from a claim for damages on the part of the customer due to defects in the broker's advisory or brokerage activities arising from contractual or statutory claims.

3.3. Payments     

3.3.1. Upon conclusion of the contract, the respective Provider may request a deposit, which will be deducted from the price of the Tourist Service. To the extent that these are trips within the meaning of Sections 651a et seq. BGB, a deposit may only be requested in return for or after the provision of a security certificate stating the name and contact details of the Provider's insolvency protection insurance provider. Further payments shall be due on the agreed dates; final payments for trips shall be due at the latest when the travel plan or travel documents are handed over or received, but no earlier than 30 days before the start of the trip. Depending on which Tourist Services are booked, payment may be collected by the Provider itself or by a service provider used for requests for payment. To the extent that a service provider used by the Provider to collect payments invoices Tourist Services and collects payments, this shall be done in the name and for the account of the respective Provider. The above provisions shall apply correspondingly to collection agents acting on behalf of the Provider concerning cancellation costs (cancellation compensation) and other legally or contractually justified claims of the brokered Provider. 

3.3.2. The customer may make payments due to the Tourist Service Provider using TUI Card, VISA, MasterCard and American Express credit cards or using Paypal, if and to the extent that these payment options are offered by the Tourist Service Provider as a means of payment. For more information on the available means of payment, please refer to the details in the booking process and directly to the terms and conditions of the Provider of the Tourist Service. 

3.3.3. Payments from current accounts at German banks can also be made by SEPA direct debit. 

3.3.4. The customer is liable for any chargeback fees for credit card debits or bank direct debits which are not cleared. 

3.4. Travel plan or travel documents 

3.4.1.  With regard to the forwarding of travel documents, please refer to the relevant provisions in the conditions of travel of the respective Provider, which will be made available to you prior to booking. 

3.4.2. Airlines only offer electronic tickets (e-tickets) instead of paper tickets. As a rule, an electronic booking code will be transmitted in text form (usually by email), which must be stated or presented by the customer at check-in together with an identification document (identity card or passport). 

3.4.3. For hotel bookings in particular, authorisation certificates are transmitted by sending a reservation number to be presented to the Provider. 

3.4.4. For brokered package holidays, both the customer and TUI MAGIC LIFE  shall be obliged to check the contractual and other documents of the brokered Provider relating to the package holiday which were sent to the customer by TUI MAGIC LIFE,  in particular, booking confirmations, flight vouchers, hotel vouchers, insurance certificates and other documents relating to the brokered package holiday for correctness and completeness, in particular for conformity with the booking and the brokerage contract.

3.4.5. If documents relating to the arranged package holiday are not sent to the customer directly by the arranged package holiday operator, TUI MAGIC LIFE will send them by post or electronically at its discretion, unless the customer is entitled to paper travel confirmation in accordance with Art. 250(6)(1) clause 2 EGBGB. 

3.5. Amendments to the contract (rebooking, cancellation)

After the contract has been concluded with the provider of the Tourist Service, the conditions for amendments to the contract initiated or requested by the customer (e.g., rebooking, cancellation) are dependent on the conditions of the respective Provider. TUI MAGIC LIFE is authorised to invoice the customer for all costs incurred due to amendments to the contract on behalf of the respective Provider and to collect or retain these amounts. 

3.6. The personal data provided by the customer to TUI MAGIC LIFE will be processed and used electronically and forwarded to the respective Provider to the extent that the data is required for the fulfilment of the contract. All of the customer’s personal data is processed in accordance with German and European data protection law. Further information on the processing of customer data can be found in the privacy policy at https://www.magiclife.com/de/de/datenschutz-club/.  

3.7. TUI MAGIC LIFE only accepts special requests to be forwarded to the Provider to be arranged. Unless expressly agreed otherwise, TUI MAGIC LIFE shall not be liable for the fulfilment of any such special requests. These are also not part of the brokerage contract, nor the contractual basis thereof, nor the customer's booking declaration to be transmitted by TUI MAGIC LIFE to the Provider of a package holiday. The customer is advised that special requests usually only become part of the contractual obligations of the package holiday provider upon express confirmation by the package holiday Provider.
 

4. Travel insurance 

4.1. TUI MAGIC LIFE advises customers that they have the option of taking out travel cancellation insurance at the time of booking in order to minimise the financial risk of cancellation by the customer  . 

4.2. The customer is also advised that travel cancellation insurance does not usually cover any loss or damage that may arise if the customer cancels the package holiday after it has begun, even if the customer is not at fault. As a rule, travel cancellation insurance must be taken out separately. 

4.3. TUI MAGIC LIFE also recommends ensuring that the customer has adequate international health insurance cover when travelling abroad.

4.4. When arranging travel insurance, the customer is advised that the insurance conditions of the purchased travel insurance may contain special contractual conditions and/or obligations of the customer to cooperate, in particular exclusions of liability (e.g., in the case of pre-existing conditions), the obligation to immediately cancel in the case of travel cancellation insurance, deadlines for reporting claims and deductibles. The broker is not liable to the extent that it has not provided incorrect information regarding the insurance conditions and the brokered travel insurance provider has a right to refuse payment to the customer on the basis of validly agreed insurance conditions.

5. Information relating to the arrangement of air travel 

5.1. In accordance with EU Regulation No. 2111/2005 on the establishment of a Community list of airlines, TUI MAGIC LIFE is obliged to inform the customer of the identity of the operating airline at the time of booking. If the operating airline has not yet been determined at the time of booking, TUI MAGIC LIFE will provide the customer with the information available from the intermediary company about the airline that is likely to operate the flight. If the airline changes, the customer will be informed of the change immediately. The European Community list of airlines banned from flying in the European Union is available on the websites http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm and www.lba.de. 

5.2. The contractual relationship between the customer and the airline is governed by the statutory provisions of the German Air Traffic Act, the Warsaw and Montreal Conventions and directly by domestic statutory provisions,

• to the furthest applicable extent.
• Regulation (EC) no. 261/2004 on the rights of air passengers 
• Regulation (EC) no. 2111/2005 on the establishment of a European Community list of airlines subject to a ban on operating within the European Community and on informing air transport passengers of the identity of the operating airline
• Regulation (EC) no. 1107/2006 of the European Parliament and of the Council concerning the rights of disabled persons and persons with reduced mobility when travelling by air 

5.3. Customers are strongly recommended to inform themselves about their rights as passengers, e.g. by consulting the notices at the airports, the information provided by the operating airline or the information sheets of the Federal Aviation Office at www.lba.de.
 

6. Liability of TUI MAGIC LIFE  

6.1. TUI MAGIC LIFE is not liable for the success of the brokerage and/or the actual/defect-free provision of the Tourist Service by the Provider. It must only ensure that the brokerage is carried out with the due care of a prudent commercial businessman. 

6.2. TUI MAGIC LIFE will make reasonable efforts to ensure that the available information and other data, in particular with regard to prices, services, booking conditions, restrictions and dates, are up-to-date, complete and correct at the time of publication. However, the individual details of third-party Tourist Services are based on the information provided by the respective Providers. TUI MAGIC LIFE shall not assume a guarantee within the meaning of Section 276(1) sentence 1 BGB. 

6.3. All Tourist Services offered are only available for a limited time. TUI MAGIC LIFE is not liable for the availability of a specific Tourist Service at the time of the booking request and does not provide any procurement guarantee within the meaning of Section 276(1) sentence 1 BGB.

6.4. TUI MAGIC LIFE accepts no liability for the accuracy, completeness and reliability of other third-party content, in particular maps, automatic translations, customer reviews, editorial texts and images of locations and regions. Geodata displayed on the website, in particular maps, serves only as a non-binding guide to the approximate local position of the offer. Only the location details provided in the offer during the online booking process and/or in the travel confirmation are decisive for the conclusion of the contract. 

6.5. The information provided under clauses 6.2, 6.3 and 6.4 shall not apply if TUI MAGIC LIFE was aware of incorrect and/or inaccurate information or should have been aware of it had it exercised due diligence in accordance with commercial and industry practice. In this respect, however, TUI MAGIC LIFE's liability for knowledge of such circumstances is limited to cases of intent or gross negligence.

6.6. Otherwise, TUI MAGIC LIFE shall only be liable for damages excluding personal injury in cases of wilful intent or gross negligence, in the event of liability due to guarantees undertaken and in the event of liability for the breach of essential contractual obligations (material obligations). In the event of negligent breach of material obligations, TUI MAGIC LIFE's liability shall be limited to foreseeable damage typical for the contract and in any case to three times the value of the brokered Tourist Service.

6.7. TUI MAGIC LIFE shall not be liable for the loss or destruction of the travel plan or travel documents during the dispatch thereof for which it is not responsible. 

6.8. TUI MAGIC LIFE is not liable for the consequences of force majeure. This includes orders from authorities, wars, civil unrest, hijackings, terrorist attacks, fire, floods, power failures, accidents, storms, strikes, lockouts or other industrial action affecting the services of TUI MAGIC LIFE or its suppliers.

6.9. When providing other information and details that TUI MAGIC LIFE is not obliged to provide in accordance with Section 651v(1) BGB together with Art. 250(1) to (3) EGBGB, TUI MAGIC LIFE is liable under the law and the contractual agreements for the correct selection of the information source and the correct forwarding to the customer. An information contract comprising a primary contractual obligation to provide information shall only come into existence if there is an express agreement to this effect. TUI MAGIC LIFE shall not be liable for the accuracy of information provided in accordance with Section 675(2) BGB, unless a specific information contract has been concluded. 

6.10. Any liability of TUI MAGIC LIFE arising from the culpable breach of brokerage obligations or from Section 651x BGB shall remain unaffected by the above provisions.

7. Final provisions