General Terms and Conditions (GTC) for Incoming Services
of Sorient GmbH, Siegsdorf (Status: October 2025)
These General Terms and Conditions apply exclusively to contracts with entrepreneurs, legal entities under public law, or special funds under public law (hereinafter: “Client”) within the meaning of § 14 of the German Civil Code (BGB). They do not apply to contracts with consumers within the meaning of § 13 BGB.
1. Scope and Contractual Basis
1.1 These GTC govern the contractual relationship between Sorient GmbH (hereinafter: Sorient GmbH or Sorient Travel) and the Client concerning the organization, compilation, and provision of individual tourist services, group services, or event packages (hereinafter: Services).
1.2 The Client’s general terms and conditions shall not apply unless Sorient Travel has expressly agreed to them in writing.
1.3 The contractual basis is exclusively Sorient Travel’s written service description or offer in conjunction with these GTC. The statutory provisions of §§ 651a et seq. BGB (German Package Travel Law) do not apply to this contractual relationship.
2. Conclusion of the Contract
2.1 Sorient Travel’s offer is non-binding and subject to change, unless expressly agreed otherwise.
2.2 By placing an order/booking (in writing or electronically), the Client makes a binding offer to Sorient Travel to conclude a contract.
2.3 The contract is concluded only upon Sorient Travel’s written confirmation of the order (booking confirmation). If the confirmation deviates from the order, this constitutes a new offer by Sorient Travel. The contract is concluded on the basis of this new offer if the Client accepts it (e.g., by express declaration or by making the down payment).
3. Prices and Payment Terms
3.1 The agreed prices are, unless otherwise stated, plus the currently valid statutory value-added tax.
3.2 Down Payment: Upon conclusion of the contract, a down payment amounting to 30 % of the total price is due for payment.
3.3 Final Payment: The full price for the services is due 30 days before the start of the services. For short-notice bookings (less than 30 days before the start of the services), the total price is due immediately.
3.4 Insolvency Protection: Insolvency protection for customer funds according to § 651r BGB is not required and will not be provided, as the contract is concluded exclusively in a B2B relationship.
3.5 In the event of non-payment by the deadline, Sorient Travel is entitled, after issuing a reminder with a set deadline, to withdraw from the contract and charge the Client the cancellation fees according to section 5.
4. Service and Price Changes
4.1 Changes or deviations of individual contractual Services that become necessary after the conclusion of the contract and were not brought about by Sorient Travel in bad faith are permitted, provided that the changes or deviations are not substantial and do not impair the overall nature of the booked service.
4.2 Sorient Travel reserves the right to subsequently change the agreed price if the prices of the service providers (e.g., transport costs, taxes, duties, official fees) increase or change, leading to additional costs. The Client will be informed of a price adjustment immediately, but no later than 30 days before the start of the services.
4.3 In the event of a significant change to an essential service or a price increase of more than 10 %, the Client is entitled to withdraw from the contract free of charge. The withdrawal must reach Sorient Travel immediately after notification of the change.
5. Withdrawal by the Client and Cancellation Fees
5.1 The Client may withdraw from the contract at any time before the start of the services. The withdrawal must be made in writing.
5.2 If the Client withdraws from the contract, Sorient Travel may demand a reasonable lump-sum compensation. These lump sums are calculated as follows and refer to the contractually agreed price:
|
Date of Receipt of the Withdrawal Declaration |
Lump-Sum Compensation Rate |
|
up to the 61st day before the start of the services |
15 % |
|
from the 60th to the 35th day before the start of the services |
30 % |
| from the 34th to the 15th day before the start of the services |
50 % |
| from the 14th to the 7th day before the start of the services |
75 % |
| from the 6th day until the day of the start of the services |
90 % |
| in case of non-attendance / No Show |
100 % |
5.3 Sorient Travel reserves the right to demand a higher, specifically calculated compensation instead of the lump sum if the damage is demonstrably higher. The Client is entitled to prove that Sorient Travel incurred no or only significantly lower damage.
5.4 Substitute Participant/Transfer: The transfer of the contract to a third party requires the prior consent of Sorient Travel.
6. Warranty and Liability
6.1 In the event of defects in the Service, the Client must inform Sorient Travel immediately at the location of the service and request remedy.
6.2 Sorient Travel’s liability is limited to intent and gross negligence. For slight negligence, Sorient Travel is only liable in the event of a breach of essential contractual obligations (cardinal obligations), the fulfillment of which is necessary for the proper execution of the contract and on which the Client may regularly rely.
6.3 Liability for damages that are not bodily injuries is limited to three times the price of the service in the case of slight negligence.
6.4 Sorient Travel is not liable for the non-performance or deficient performance of the contract if this is due to the conduct of the Client’s end customers.
6.5 Disclaimer for Third-Party Services: For services that Sorient Travel merely mediates (e.g., optional excursions whose service provider is clearly named and which are not part of Sorient Travel’s offer), Sorient Travel is only liable for the proper mediation, not for the performance of the service itself.
7. Client’s Duty to Cooperate
7.1 The Client is obliged to inform its end customers about all regulations important for the execution of the trip (passport, visa, health, etc.).
7.2 The Client must notify Sorient Travel of defects immediately. In the event of culpable failure to report a defect, any claims by the Client for price reduction or compensation shall lapse.
8. Statute of Limitations
Claims by the Client due to deficient performance become statute-barred after one year. The limitation period begins on the day the Service was scheduled to end according to the contract.
9. Choice of Law and Place of Jurisdiction
9.1 The contract and the legal relationship are governed exclusively by German law.
9.2 The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the registered office of Sorient Travel in Siegsdorf.