General Terms and Conditions
These terms of travel and payment will form part of the holiday contract you enter into with our company. Please note that text is a translation of the original German text. The original German text is the only one which is legally binding.
Holiday bookings can be sent in writing by post, fax or by internet. Your booking is an offer to us of a binding contract. The contract comes into force when we accept your booking. This acceptance, which does not require any particular form, will be communicated to you in a written booking confirmation from us. If you do not receive our travel and payment conditions by registration we will send you these with your booking confirmation. If you do not contradict these within ten days of receipt, with short term bookings (10 days or less before travel) immediately, the holiday contract comes into force according to these conditions. If the contents of the booking confirmation differ from the content of registration, we are bound by this offer for ten days. The contract comes into force according to this new offer if you communicate acceptance to us within this period, this can also occur by payment. If you register other people, you take on all contractual duties for your fellow travellers. Other arrangements and changes to the concluded contract of travel must be in writing.
With the conclusion of the contract a payment of 15% of the total price is due. You will receive an insurance certificate from the R+V Versicherung company, so that your payment is insured against the insolvency of the company (this is a legal requirement). The remaining sum is due four weeks before the start of the holiday. If the agreed payment is not paid in full after a reminder or at the latest before the start of the holiday, we reserve the right to dissolve the contract and to claim damages for rescission of contract insofar as there is no valid excuse why the holiday cannot be taken up. Your travel documents will be sent to you by express post or they will be left in your first hotel for you.
The basis of the holiday services are the individual tours described in our catalogue, our official brochures, and descriptions given on our internet pages and confirmed in the contract. Modifications of individual trips, which become necessary after the contract is concluded and which are undertaken in good faith are allowed, insofar as the changes are not substantial and do not change the total character of the trip. We do not accept liability for any information contained in hotel brochures etc., even if we provide customers with such brochures. The price of services which are not used by guests will usually not be refunded.
Cancellation and booking changes
You are entitled to withdraw from the contract at any time before beginning your holiday without being obliged to give reasons. You will be refunded all monies paid less the relevant cancellation fee. In this regard the receipt of the cancellation (written if possible) is determinative.
Our cancellation charges are as follows:
- up to 30 days before the start of the holiday 10 % of the holiday price, min. € 50
- 29 days to 15 days before the start of the holiday 30 % of the holiday price
- 14 days to 8 days before the start of the holiday 50 % of the holiday price
- 7 days to 1 day before the start of the holiday 90 % of the holiday price
- on the day of travel or failure to appear 90 % of the holiday price
Our cancellation charges for bike and ship tours are as follows:
- up to 85 days before the start of the holiday 10 % of the holiday price, min. € 50
- 84 days to 43 days before the start of the holiday 30 % of the holiday price
- 42 days to 29 days before the start of the holiday 60 % of the holiday price
- 28 days to 1 day before the start of the holiday 90 % of the holiday price
- on the day of travel or failure to appear 90 % of the holiday price
Of course you still have the right to prove that the charges incurred by us due to your cancellation are less than those listed. If the number of guests per room remains the same, any guest can be replaced at any time with another guest. Other changes, if possible, will incur a charge of 50 Euro for changes made up to 30 days prior to the date of travel, and 100 Euro for all subsequent changes.
If the minimum number of participants is not reached, we reserve the right to withdraw from the contract up to 28 days before the date of travel. All monies will be refunded in full. Further claims, particularly for compensation in relation to cancellation fees for booked flights, train tickets, overnight stays etc. will not be accepted. We therefore recommend that such bookings should only be made when it is clear that the holiday will definitely be going ahead.
We are liable in line with the duty of care of a usual businessman for the conscientious planning of the holiday, the careful selection and monitoring of service providers, the correctness of the description of the services provided and the proper provision of the agreed holiday services. Our liability for damage other than bodily damage, is limited to three times the price of the total holiday, if this damage is not caused by us directly or by gross negligence. This is also true if we are responsible for faults on the part of service providers. If we facilitate services from other companies, we are liable for this facilitation but not for the services provided or for damage caused. In case of loss of or damage to luggage, we are liable for up to €500, insofar as the damage was caused by us and this was brought to our attention without delay. We are not liable for any small scratches on suitcases, broken handles and damaged wheels. Liability is assumed from when the luggage is loaded. After delivery to the hotel liability transfers to the hotel proprietor according to paragraph 701 of the BGB (German Civil Code).
Activity holidays are physically more demanding then normal holidays. It is therefore your duty to inform us whether you are physically fit enough to undertake the trip. For cycling holidays, it is presumed that you can control a bicycle in traffic and on pathways in all types of weather. When you collect your rental bike you must ensure that it is in good working order, especially the brakes and lights. You are responsible for respecting the domestic and foreign laws, in particular the regulations regarding travel documents and the transport of goods over borders. When luggage is being transported it must remain unlocked to enable it to be checked at border crossings by customs. If your luggage is searched we will inform you of the fact upon delivery. You are under a legal duty to avoid damages or to keep them to a minimum and to inform us of any complaints.
Duty of care
You are liable for damage to or loss of your bike and other equipment provided for the duration of the holiday. In the case of guided tours, you are only liable if you distance yourself from the group, ignore instructions from tour guides or if you cause damage or loss on purpose, or negligently.
If the holiday is not provided according to the terms of the contract you can demand a remedy. We may be able to supply such a remedy by providing you with a replacement service of equal or of higher value. If the cost is disproportionately high then a remedy may be refused. At the end of the holiday you may demand a reduction in price for the duration of the holiday which was not in accordance with the terms of the contract. You are required to point out the defect without delay to us or your tour guide, so that we have the chance to remedy the situation. Tour guides are not authorised to recognize claims. A reduction in the price of the holiday does not effect your right to claim compensation for non-fulfillment of the contract unless we are not required to take responsibility for the particular defect.
Statute of limitations
Claims must be communicated to us (preferably in writing) within a month of the contractual end of the holiday, unless you are prevented from doing so through no fault of your own or in the case of personal injuries. All claims arising from the contract come under the statute of limitation 1 year after the contractual end of the holiday, however pending legal actions are not extinguished by the limitation period. Claims arising from unauthorized conduct are extinguished 3 years after the end of the holiday.
All personal data, which you provide us with for the holiday transaction are protected under German law against improper use.
We strongly recommend the purchase of travel cancellation insurance. You will receive an information packet from us with your booking confirmation regarding insurance policies. Please ensure you are adequately covered by your health and accident insurance before you begin your holiday. It may also be a good idea to take out luggage and third party (liability) insurance.
If some terms of the contract or the terms of travel are void this does not render the entire contract or terms of travel also void.
The legal domicile is Konstanz.
Managing Director Simon Mink & Peter Schuck
District Court Freiburg HRB: 381878
Tel: +49 (0)7531 - 81 99 3-0
Fax: +49 (0)7531 - 81 99 3-66