tinue to owe the travel company its agreed fee.


7.3. The client must terminate (cancel) the agreement in writing. The agreement shall be deemed to have been terminated (cancelled) on the date on which the travel company receives the written notice of termination from the client. Notice of termination not given during working hours shall be deemed to have been received on the following working day.


Article 8. Changes, termination (cancellation) and/or rescission by travel service provider


8.1. If and insofar as the travel service provider makes changes to the travel services agreed on behalf of the client, or terminates (cancels) these travel services, the travel company will not be liable vis- à-vis the client for any loss or damage resulting therefrom for the client.


8.2. To the extent which may reasonably be expected the travel company, it shall undertake efforts to fi nd alternatives to the amended and/or terminated components of the agreement, without being able to guarantee this. The other parts of the agreement shall remain in force.


Article 9. Liability of travel company


9.1. The travel company will take the interests of the client and the traveller into account with such due care as may reasonably be expected of it under the given circumstances.


9.2. Without prejudice to the provisions of Article 8, the travel company does not accept any liability for acts and/or omissions by the travel service providers involved in the performance of the services.


9.3. Likewise, the travel company accepts no liability if the instruction cannot be carried out due to circum- stances that cannot be attributed to the travel com- pany (hereinafter referred to as: force majeure).


9.4. Force majeure shall mean a failure in the fulfi lment of any obligation as a result of unforeseen circum- stances which, despite all reasonable precautions to be taken, cannot be prevented and including in particular but not limited to technical failures in the systems used to record the travel service(s), changes in the trip made by the travel service provider and/or cancellation by the travel service provider.


9.5. The travel company accepts no liability for the accuracy of the information provided by or on behalf of travel service providers or other third parties.


9.6. If damage arises for the client as a result of an attribu table failure on the part of the travel company, the travel company shall accept liability, which shall be limited to the value of the invoiced travel service to which the complaint is directed and which will never exceed the amount paid out by the professional liability insurer in the relevant case, increased by the amount of the travel company’s excess that is not for the insurer’s account in accordance with the policy conditions.


9.7. The travel company shall not be liable for the fi nan- 64


cial insolvency of the travel service provider(s).


9.8. The travel company accepts no liability for damage covered by health/accident, travel or cancellation insurance taken out by the client or by a traveller taking part in a trip.


9.9. The travel company shall never be liable for compensation for indirect damage (including, but not limited to, consequential damage, loss of profi t, loss of income, lost savings, and damage due to business interruption),


or for damage suffered


by the client or the traveller within the scope of exercising its profession or business.


Article 10. Obligations of the client and/or traveller


10.1. Prior to or upon concluding the agreement or as soon as possible thereafter, the client shall provide all information concerning itself and the traveller(s) which is necessary for the proper performance of the agreed services. The client agrees that the travel company will pass on the data, including mobile telephone number or email address of the client and any other travellers, that are important for the proper performance of the agreed services to the service providers (e.g. airlines). The client warrants to the travel company that any other travellers have consented to this, and shall indemnify the travel company against any claims in this respect. If the client does not wish the data to be passed on or fails to provide it, the travel company will not be liable for delays or other damage resulting from information not timely being provided to the traveller by or on behalf of the travel company or the relevant travel service provider.


10.2. The client warrants to the travel company that: I. express consent has been obtained from the traveller(s) to provide their personal data to the travel company and to have this personal data processed within the meaning of the General Data Protection Regulation (GDPR) by the travel company (including furnishing the data to service providers) as necessary for the conclusion and performance of the agreement or the agreement with the service provider(s) and for the optimisation of the services offered; and


II. that, prior to obtaining the aforementioned consent, the client will furnish all legally required information to the traveller(s), including at least the following information: a) which personal data it will furnish to the travel company;


b) that the travel service providers or other third parties, including airlines, which the travel company provides with personal data for the purpose of providing services may be required to furnish certain personal data to foreign authorities that may be located in countries outside the European Economic Area (EEA) that do not offer similar privacy protection as those within the EEA pursuant to European


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