General Terms and Conditions – Valid from December 2005
The travel tours designated "Germantrails" are organised by "Wikinger Reisen Individuell GmbH". The tour operator will hereinafter be referred to as "Germantrails.
1. COMPLETION OF TRAVEL CONTRACT
1.1 With his booking the client legally agrees to the conclusion of a travel contract with the tour operator.
1.2 The booking can be done in writing, orally, by telephone or by e-mail. It is done by the client also on behalf of all other participants listed in the booking.
1.3 The travel contract comes into being upon the acceptance of the tour operator. Acceptance does not require a pre-set form. On or immediately after the conclusion of the contract, the tour operator will hand out a tour confirmation to the client.
1.4 In the event that the content of the tour confirmation differs from the content of the booking, this constitutes a new offer made by the tour operator by which he will be bound for 10 days. The contract will be established on the basis of this new offer, if the traveller notifies the tour operator of his acceptance within this commitment period.
2. PAYMENT
2.1 Payments towards the tour price before the end of the tour are effected on issue of a risk coverage certificate to insure against insolvency of the tour operator. Upon completion of the contract a deposit of 20% of the travel price will be due (maximum €260 per person), which must be paid within 7 days upon receipt of the invoice. The deposit will be deducted from the total tour price. The remaining amount must be paid 6 weeks (42 days) before commencement of the journey without further reminder.
2.2 The travel documents will be made out 2 weeks before commencement of the journey. Vouchers, hotel list and directions will be forwarded without delay upon receipt of payment.
Route descriptions and maps will be left for the guest with the first accommodation.
3. INSURANCE
3.1 We highly recommend that the client take out travel cancellation insurance and/or buy an insurance contract package including travel cancellation insurance together with his booking. Any later conclusion of an insurance contract is possible only within 14 days after receipt of invoice/confirmation. Please note that when booking within 14 days before commencement of the journey, conclusion of an insurance contract is possible only on the date of booking or on the next working day at the latest. Our insurance broker is Europäische Reiseversicherung AG, Vogelweidestr. 5, D-81677 München, Deutschland, telephone: +49-89-416600.
3.2 Furthermore, we recommend the option of buying international travel health insurance as well as luggage insurance for all journeys.
4. SERVICES
4.1 The scope of the contractually agreed services is laid out in the description of services on the Internet and in the relevant details given in the tour confirmation. Details which appear on the Internet are binding for the tour operator. The tour operator, however, expressly reserves the right to declare a change in the details before completion of the contract. In this case, the client will naturally be informed of any changes before booking.
4.2 The details given in the travel information on the respective tour and forwarded together with the tour confirmation are made to the best of the tour operator's knowledge and belief. Since, however, individual provisions or partial aspects of the tour may change, no guarantee can be accepted for any all-year validity of this information.
5. CHANGES IN SERVICES
5.1 Any changes in or deviations of individual travel services from the agreed content which become necessary after completion of the travel contract, are only permitted where the changes and deviations are not extensive and do not substantially prejudice the overall concept of the tour booked.
5.2 Any warranty claims are not affected in so far as the changes in arrangements have faults.
5.3 The tour operator is obliged to inform the client immediately of any changes in or deviations from services. Where appropriate the tour operator will offer the client a charge-free change in reservation or a charge-free withdrawal.
5.4 In the case of a substantial change in a key tour service the traveller is entitled to withdraw from the travel contract at no cost or to request a transfer to another tour of at least equal value, as long as the tour operator is in a position to offer such a tour from his range without an increase in price to the traveller. The latter is required to assert these rights immediately upon notification of a change in any tour service by the tour operator.
6. CANCELLATION BY TRAVELLER, CHANGES IN RESERVATION, SUBSTITUTE PERSONS
6.1 The client may cancel his or her participation in the tour at any time before it commences. The point of withdrawal is taken to be the point at which GERMANTRAILS receives the withdrawal notification. It is recommended that the client declare his withdrawal in writing.
6.2 If the client withdraws from the travel contract or does not begin the tour, then the tour operator may request payment of damages to cover tour arrangements made and expenses incurred by him.
6.3 The tour operator may establish this claim for compensation in a lump sum as a percentage of the tour price in consideration of the arrangement given below. The following cancellation fees apply:
· up to 90 days prior to departure €60 per person,
· from 89 days until 30 days prior to departure 20% of travel price,
· from 29 days until 15 days prior to departure 50% of travel price,
· from 14 days until 7 days prior to departure 80% of travel price,
· from 6 days prior to departure 100% of travel price,
There will be a minimum cancellation fee of €100 per person from 89 days until the date of departure.
6.5 Cancellations of partial services of a journey (if possible) are considered as a change in reservation. However, a single service charge of €15 will be levied for cancellation of the insurance packages. The travel cancellation insurance is excluded from this.
6.6 Upon cancellation of an entire travel contract the insurance packages may be cancelled as well. However, this does not apply to the travel cancellation insurance which will remain in force in any case.
6.7 If upon booking of the journey the client makes a request for a change as regards departure date, destination, place of departure or place of arrival, accommodation or mode of transport (change in reservation), then GERMANTRAILS will charge a cancellation fee for a change in reservation of at least €80 per person within 45 days prior to departure. Any requests as to a change in reservation made later than 45 days prior to departure can – if possible at all – be effected only after rescission from the travel contract pursuant to item 6.2 and item 6.3 and upon simultaneous renewed booking. This does not apply to requests as to change in reservation causing only minor costs.
6.8 Up until the date of departure the traveller may request that instead of him a third party enters into the rights and duties of the travel contract. If a third party is included in the contract, then he/she and the traveller shall be jointly and severally liable to the tour operator for the travel price and for any extra costs following from that third party's entry.
6.9 In the case of withdrawal the tour operator can ask the client to pay the actually incurred extra costs.
7. CANCELLATION OF CONTRACT DUE TO FORCE MAJEURE
7.1 If, after conclusion of the contract, the tour is impeded, endangered or affected adversely to a considerable extent due to unforeseeable force majeure, both the tour operator and the traveller may terminate the contract. If the contract is terminated, the tour operator is allowed to demand adequate recompense for the travel services rendered or to be rendered to conclude the tour.
7.2 Moreover, the tour operator is obliged to take any and all necessary action, in particular to ensure the traveller's return transport in so far as this has been contractually agreed. Additional costs for return transport are to be shared equally by the two parties. Remaining additional costs are to be borne by the traveller.
8. LIABILITY OF TOUR OPERATOR
8.1 Within the scope of due diligence of a prudent businessman, the tour operator is responsible for:
a) careful preparation of the tour,
b) careful selection and supervision of the providers of services,
c) accurate description of all travel services indicated in the catalogues or on the Internet,
d) proper provision of the travel services as contractually agreed.
8.2 The tour operator shall be liable for any faults of the person entrusted with the provision of services.
9. WARRANTY
9.1 Redress
If a travel service is not rendered in accordance with the contract, the traveller may seek redress.
The tour operator may also offer redress in a manner providing replacement of the same value.
The tour operator may refuse redress should it entail disproportionate expense.
9.2 Reduction in the Travel Price
The traveller can request a reduction in the travel price for the duration of a travel service not rendered as stipulated in the contract (reduction in price). However, said reduction in price fails if the traveller negligently or purposely refrains from advising the tour operator.
9.3 Termination of Travel Contract
If a tour is to a significant degree adversely affected by a fault or defect, and the tour operator fails to provide redress within an appropriate time period, the traveller may terminate the travel contract within the framework of the legal provisions of the travel contract – in his or her own interest expediently by a written declaration. The same applies if, due to a fault or defect for an important reason which is discernible by the tour operator, the traveller cannot reasonably be expected to undertake the tour. Determination of a time-limit for redress is not required only where such redress is impossible or is refused by the tour operator. The traveller owes the tour operator that part of the travel price relating to the services utilised.
10. LIMITATION OF LIABILITY
10.1 Contractual liability of the tour operator for damage other than physical injury is limited to a total of three times the tour price,
a) if damage suffered by the traveller was not caused with intent or by gross negligence or,
b) if the tour operator is responsible for damage suffered by the traveller solely through the fault of a provider of services.
10.2 The tour operator shall be liable for all compensation claims against him due to tort which are not due to intent or gross negligence in the event of property damage up to €4,100; if three times the amount of the tour price exceeds this amount, liability for property damage shall be limited to three times the tour price. The maximum liability amounts apply to one client and one tour.
10.3 A claim for damages against the tour operator is limited or excluded in so far as due to international agreements or statutory regulations based thereupon, which are to be applied to the services to be rendered by a provider of services, a claim for damages against the provider of services can be claimed or excluded only under certain conditions or limitations.
11. DUTY OF COOPERATION
11.1 Should disruption to services occur the traveller is obliged within the framework of the legal provisions to cooperate in avoiding and reducing as far are as possible any damage.
11.2 In particular, the traveller is obliged to present his complaints immediately to GERMANTRAILS at their place of business. The tour operator is obliged to take corrective action, if possible. Should the traveller refrain from reporting a fault, then his/her entitlement to a reduction in price is lost.
12. EXCLUSION OF CLAIMS AND STATUTE OF LIMITATION
12.1 Claims on account of non-contractual travel performance are to be asserted by the traveller against the tour operator within one month after termination of the journey specified in the contract. Claims as a result of tort are subject to the statutory period of limitation. In the traveller's own interest, such claims should be made in writing.
12.2 Any claims of traveller pursuant to §§ 651 c to 651 f BGB (German Civil Code) become statute-barred after one year, beginning with the day on which the tour was scheduled to end under the contract. Where negotiations regarding the claim or the circumstances substantiating the claim are pending between the traveller and the tour operator, then the limitation period is suspended until the traveller or the tour operator reject continuation of the negotiations. The limitation period can take effect no earlier than 3 months after this suspension.
13. PASSPORT, VISA AND HEALTH PROVISIONS
13.1 The traveller is personally responsible for obtaining information on entering the Federal Republic of Germany. In case of doubt, information is available from the local consulates.
13.2 The tour operator is not liable for the timely issue and receipt of necessary visa by the relevant diplomatic authorities.
13.3 The traveller is personally responsible for complying with all important regulations relating to the organisation of the tour. Any disadvantages, in particular payment of cancellation costs, due to traveller's failure to comply with such regulations, are borne by him or her except when caused by the tour operator's negligence due to incorrect information.
14. INVALIDITY OF INDIVIDUAL CONDITIONS
The invalidity of individual provisions of the travel contract does not entail the invalidity of the whole travel contract.
15. MISCELLANEOUS
Physical Requirements
Any information on physical requirements during hiking and trekking tours is generally given according to the tour operator's best knowledge and belief, however, without guarantee, since such information is not only subject to subjective assessment but is also influenced by external circumstances such as weather conditions in particular.
16. PLACE OF JURISDICTION
16.1 The traveller can only take legal action against the tour operator at their principal place of business. The place of jurisdiction for travels organised by GERMANTRAILS is Hagen in Westfalen [Westphalia], Bundesrepublik Deutschland [Federal Republic of Germany].
17. OPERATOR
The travels designated GERMANTRAILS and published on these pages are organized by WIKINGER REISEN INDIVIDUELL.
Address:
WIKINGER REISEN INDIVIDUELL GmbH, Koelner Str. 20, D-58135 Hagen, Germany
Handelsregister [German Register of Companies]: Amtsgericht Hagen [Local Court Hagen] HRB 3404
Managing director: Charlotte Josefus
