Dispute between German Activo Travel GmbH and Beijing China Travel Service Co., Ltd over commission contract

Abstract of judgment:

Beijing China Travel Service Co., Ltd had entrusted 160 outbound tourist delegations to German Activo Travel GmbH in their business cooperation. However, the two sides hadn't signed any formal deals over the payment of relevant services. The cost of a majority of tourist delegations could be verified with pricing proposals, accommodation lists and online chats between workers from the two companies. Others could only be validated by online chats. According to the court's investigations on the basis of judicial accounting, the total cost of the services offered by Activo Travel GmbH for the 160 outbound tourist delegations was 2,104,192.92 euros, of which 692,715.4 euros was left unpaid. However, the price lists submitted by Activo Travel GmbH could not be used for verification because of the improper procedures of its employees. Meanwhile, Beijing China Travel Service Co., Ltd submitted that these files had been intentionally revised. The court dismissed those submissions on the grounds that Beijing China hadn't rendered any notarized proofs to counter the certification of pricing lists and online chats, though the company argued that there were proofs of revision of documents in its computers. In its decision, the court only partially granted the claims of the plaintiff.