4.2. The travel company’s offer is without obligation and may be withdrawn by the travel company, even after acceptance. Withdrawal must take place as soon as possible and within 2 working days after the conclusion of the agreement. This provision shall apply by analogy to proposals for amend- ments to agreements already concluded.
4.3. Even after the period referred to in Article 4.2 has lapsed, the travel company shall not be obliged to fulfi l an agreement if and to the extent that the offer or the written confi rmation is based on an evident error or mistake.
Article 5. Price
5.1. The prices quoted or stated by the travel company in offers and/or order confi rmations are based on the price-determining factors of the relevant travel service providers known at the time the offer is made and/or the agreement is concluded.
5.2. If, after conclusion of the agreement, the prices of the price-determining factors (including - but not limited to - transport costs; taxes; levies; sur charges; and/or exchange rate fl uctuations) increase and these increases are passed on by the travel service providers, the travel company shall be entitled to charge the client for the price changes.
Article 6. Payment
6.1. The client shall be liable for all obligations arising from the agreement, even if it enters into an agree- ment on behalf of or for the benefi t of another par- ty. All transactions (including payments) between the traveller(s) and the travel company shall solely take place through the client.
6.2. Payment must be made in a manner to be indicated by the travel company within the period stated on the invoice, unless the parties have agreed other- wise in writing or it follows from the nature of the service that direct payment is to be made. In absence of a payment term on the invoice, pay- ment shall be made within 14 days of the invoice date.
6.3. The client shall not be entitled to set off any claim it has against the travel company against any mon- ey it owes the travel company. In the event of late payment, the travel company shall also be entitled to suspend its services.
6.4. Costs related to the method of payment shall be borne by the client, including credit card sur charges.
6.5. If (full) payment is not made in time, the client shall be in default by operation of law. If the client is in default, the travel company shall send a demand for payment and will set a time-limit of 14 days to fulfi l its obligations, while notifying that, in the event of non-payment, the travel company shall also claim compensation for any costs of assessment of the damage and liability and costs of obtaining pay- ment outside a court of law.
6.6. The client which has not paid in time shall owe the statutory interest on the amount due from the
63
settlement of any outstanding items. The travel company will make every effort to collect these refunds on behalf of the client without assuming any obligation to guarantee a result in this respect.
Article 7. Changes and/or cancellations by the client
7.1. If the client wishes to make changes after the con- clusion of the agreement, this shall only be possible if agreement has been reached between the par- ties and the client bears the costs associated with the changes.
7.2. If the client terminates (cancels) the agreement, all related costs charged by the travel service provider shall be borne by the client and the client shall con-
date of default. Furthermore, from the fi fteenth day after the demand for payment, the client shall be obliged to pay any extrajudicial collection costs.
6.7. These extrajudicial costs amount to a maximum of 15% of a travel sum up to € 2,500, with a minimum of € 100; 10% of the next € 2,500; 5% of the next € 5,000, and 1% on the excess of anything above this amount.
6.8. If the client is in default, the travel company shall be entitled - partly in order to limit further damage - to cancel the travel services concluded on behalf of the client. In that case, in addition to the costs already charged by third parties or costs yet to be charged by third parties as a result of the cancella- tion, the client shall also owe the travel company the fee agreed for its efforts. Any prepaid parts of the amount due will be set off against these costs.
6.9. Payments of amounts to which the travel compa- ny is entitled shall fi rst be used to settle the costs, including (extra) judicial costs, subsequently to reduce the interest due, and fi nally to pay the prin- cipal sum owed (with regard to which old claims take precedence over new claims).
6.10. The travel company shall be authorised to demand further fi nancial security from the client in order to fulfi l its obligations arising from the instruction.
6.11. Any refunds accruing to the client and received by the travel company from the travel service provider will be paid to the client as soon as possible after
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