Terms and conditions

Travel conditions

The following travel conditions are agreed upon supplementary to the §§ 651 a ff. BGB:

 

1. Booking:

1.a. With your travel booking, you are offering us a binding conclusion of a travel contract based on the service descriptions and prices in this catalogue and you are bound to your offer for 14 calendar days. Registration must be done in writing (also by fax or online) and with our registration form. If we are only able to offer you the requested journey in a different form to the one stated in your registration form, then we will submit you a new offer within the scope of our possibilities, which you can accept within a period of 7 calendar days, without being bound to the writing form. The travel contract will only come into being with our travel confirmation (confirmation per E-Mail is also valid here).

 

1.b. The registration also takes place by you for all participants listed in the registration form, for whose contractual obligations you vouch for as for your own obligations, if you have taken on a corresponding separate liability by means of an explicit and special declaration.

 

2. Payment of the travel price:

2.a. You will receive the chattel paper of the company R+V Allgemeine Versicherung AG, Raiffeisenplatz 1, 65189 Wiesbaden with our booking confirmation, which, as required by law, protects you against the insolvency of the organizer. A deposit of 20% of the contractually agreed travel price is to be paid once you have received the travel confirmation.

 

2.b. The remaining amount is to be paid three weeks before the commencement of your journey. You will then also receive the travel documents. If payments which are due are not paid or not fully paid and if you do not pay within the time limit set in the reminder, then we can withdraw from the contract and can claim a cancellation fee according to clause 5.b., unless there are considerable travel deficiencies.

 

2.c. Information regarding payment:

One can either pay by means of a bank transfer into our German, Swiss or Austrian account or with a credit card (VISA or Mastercard).

 

2.d. Cancellation and rebooking fees as well as the total cost of the flights arranged by us are due upon invoicing.

 

3. Services:

Our services stem from the service description and the general information in this catalogue as well from the referring specifications of the travel confirmation. Collateral agreements (requests, arrangements), which modify the scope of the contractual services must be confirmed by us in writing.

 

4. Withdrawal, cancellation, service - and price alterations:

4.a. In the case of group tours or journeys which require a minimum number of participants, it is possible for us to withdraw from the contract up to the 21st day before journey commencement, if the minimum number of participants stated in the catalogue and in the travel confirmation has not been attained.

 

4.b. If the journey is significantly hindered, endangered or affected at the conclusion of contract as a result of unforeseeable force majeure, then the contract can be cancelled by us as well as by you. The legal consequences arise from the law.

 

4.c. Modifications and deviations of individual travel services from the agreed contents of the travel contract, which become necessary after the conclusion of contract and do not cause a breach of trust by us, are permitted, as long as these modifications or deviations are reasonable for you and do not affect the overall arrangement of the booked journey.

 

4.d. We are obligated to inform you immediately of a journey cancellation or a significant alteration of an essential travel service.


4.e. If a time period of more than four months lies between the conclusion of contract and journey commencement, then we have the right to increase the contractually agreed travel price according to the following regulations, if the following price components unforeseeably increase or are new due to circumstances arising after conclusion of contract, which are beyond our control: Foreign exchange rates for the journey in question, transport tariffs and -prices, official fees or other official charges such as port and airport fees:

 

• Increase relating to a seat to the amount of the increased amount

• In other cases in accordance with the additional transport costs, divided by the number of seats on the means of transport.

 

If existing official fees or other official charges such as port and airport fees are increased at the conclusion of contract, then the contractually agreed travel price will be increased by the corresponding proportionate amount.

If there is a change in the exchange rates after conclusion of contract, then the contractually agreed travel price is increased to the extent in which the journey becomes more expensive for us.

We are obligated to inform you immediately, nevertheless not later than up to the 21st day before the agreed arrival date, of an intended, legally permitted price increase. A price increase is not permitted after this time.

 

4.f. In the case of a price increase of more than 8% of the contractually agreed travel price as well as in the case of a significant modification of an essential travel service, it is possible for you to withdraw from the contract, or, in the case of a permitted trip cancellation through us, to request the participation in an equivalent journey, if it is possible for us to offer you such a journey without any additional costs. You are obligated to claim these rights from us immediately after receiving the notification of change. We recommend doing this in writing.

 

4.g. Please take note that the package tours are subject to available hotel capacity. If a place of accommodation is not available in the booked category and a higher or lower category must be booked, then we will have to charge the relevant surcharge or grant the relevant discount.

 

5. Withdrawal and rebooking of the client:

5.a. It is possible for you to withdraw from the booked journey at any time before journey commencement. Withdrawal can take place without any form requirements, we do however recommend you to explain your withdrawal in writing due to reasons of proof.

 

5.b. If you withdraw from the contract before journey commencement (cancellation), without a case existing according to clause 4.f., or you do not take part in the journey, or you cut the trip short, then the following fixed cancellation fees can be claimed, which are calculated according to the following percentages from the total travel price per person. You are entitled to furnish proof that no or only minor damage was caused.

 

The cancellation fee amounts to

 

Up to 28 days before arrival:                                            20 %

From the 27th day up to the 14th day:                           30 %

From the 13th day up to the 8th day:                             50 %

From the 7th day up to the 4th day:                               70 %

From the 3rd day or in the case of non-attendance:  90 %

 

Special conditions partly apply with several tours, (cancellation, services etc.), which respectively take precedence over these travel conditions. This applies to the following journeys:

 

Saale, Ilm and Unstrut

(Separate cancellation fees)

Up to 42 days before journey commencement:                                              10%

41 days to 15 days before journey commencement:                                      25%

14 days to 8 days before journey commencement:                                        50%

7 days to 2 days before journey commencement:                                           80%

1 day before journey commencement or in the case of non-attendance:  90%

 

5.c. With regards to special dates, the listed minimum number of participants applies as well as individual cancellation fees.

 

5.d. There is no entitlement for a refund for travel services which are not made use of, without a case existing according to clause 4.b. or 4.f. Please contact our main office in Constance immediately in the case of unused travel services (e.g. if the journey has been interrupted).

 

5.e. The fees for re-bookings and unused flight services arranged by us comply with the conditions of the respective airlines.

 

5.f. If modifications are made on request after the conclusion of contract regarding the travel date, travel destination, the place of journey commencement, place of accommodation or means of transport, then we have the right to charge €55,- per booking up to the 28th day before journey commencement.

You are entitled to furnish proof that no or only minor damage was caused. This does not affect your right to provide a substitute traveller to enter into the rights and obligations from the travel contract in your place. Re-bookings at a later stage, as far as it is even possible for them to be put into effect, can only be made after the withdrawal from the travel contract according to the conditions described and a new registration at the same time. Special cancellation fees or re-booking costs partly apply with non-original tours.

 

6. Insurances:

You will receive information regarding taking out insurance with the booking confirmation. This can be taken out on our website www.velotours.de (must however be carried out by you yourself). Please refer to our website for the exact insurance conditions, services and prices.

 

7. Liability:

7.a. Our liability for the agreed services complies with the legal regulations, as long as nothing else arises according to the clauses 7.b. to 7.f.


7.b. Our contractual liability for damage which is not physical damage is limited to three times the travel price, as far as the damage was not caused intentionally or grossly negligent by us, our legal representatives or our vicarious agents. We are liable according to the legal regulations, as far as we culpably violate an essential contractual obligation; in this case, our liability for damages is limited to three times the travel price, as long as the foreseeable damage exceeds the travel price. Limited liability or –exclusionary legal regulations, which are based on international conventions and to which one of our employed service providers can refer to, also apply in our favour, as far as our liability is solely based on that the service provider is solely responsible for the damage.

 

7.c. Liability is limited to three times the travel price for claims for damages from unpermitted action, which are not based on intention or gross negligence by velotours Touristik GmbH and where there is no physical damage involved. We recommend taking out travel insurance to cover risks such as these.

 

7.d. If we hold the position of a contractual air carrier, then we are only liable according to the regulations of the air traffic act in conjunction with international agreements, especially the conventions of Warschau, Montreal and Guadalajara.

 

7.e. If we only provide external services (e.g. transfers, excursions), which are explicitly marked as external services, which you are unable to identify as a part of the travel service, then we are only liable for the proper arrangement of the service, for reference requirements, obligation to provide information, and organisational duties, and not for the service provision itself.

 

7.f. We are only liable for damages as a result of loss or damage to your luggage during luggage transport if this was caused culpably by our legal representatives, deputies or vicarious agents and is reported to us immediately. We generally exclude any liability for damages to luggage, their handles, side-straps or wheels carried or pulled properly and which break as a result of wear and tear or overloading. The hotelier is liable for damages to luggage which take place after the transport into the hotel according to § 701 BGB. Please refer to the limitation periods included in the international agreement for the liability regarding flight luggage.

 

7.g. The transport of the traveller’s bicycles is only possible at their own risk, during a journey as well as during transfers. The fixed settings on the trailer are coordinated to match the bicycles of the trip organisers, so that slight damage can occur with other different bicycles, especially paintwork damage.  Therefore no liability can be assumed for slight damage caused during transport.

 

8. Contractual obligations and information:

8.b. In the case of a defect, you can only make repairs yourself or can cancel the journey in the case of considerable damage, if you allow us an appropriate period of time to provide assistance. There is no time period required, if it is impossible to provide assistance or when assistance is refused by us or immediate assistance or cancellation is offered through your specific interest.

 

8.c. For a legally preserved notification of defect according to clause 8.a., please contact our local representative (see travel documents).

If the travel documents do not contain any information regarding a local representative, then please contact the local service provider or contact us directly, as far as this is appropriate for you. If it is not possible for you to notify us of a defect during the journey, then please contact us immediately after the end of your journey at:

velotours Touristik GmbH,

D-78467 Konstanz, Bücklestraße 13

Tel.: 07531/9828-0, Fax: 07531/9828-98

E-Mail: infovelotours.de

 

8.d. Warranty claims can only be asserted within one month after the contractual end of the tour at velotours Touristik GmbH, Konstanz. After the expiration of this time period, it is only possible for you to assert claims if you were not able to comply with this time period without fault.

 

8.e. Your claims according to §§ 651 c to 651 f BGB become time-barred in one year. The legal two-year limitation period applies for damages according to § 651 f BGB, if these are physical damages or intentional or gross negligent damages caused by us, our legal representatives or our vicarious agents or are based on the violation of an essential contractual obligation by us. The limitation period begins on the day on which the journey, according to contract, should end. If the last day within the limitation period is a Sunday, a state-approved public holiday or a Saturday, then the next working day is valid as the end of the limitation period.

 

9. Passport, visa, customs and health regulations:

You are solely responsible for the adherence of all passport, visa-, customs and health regulations. The travel documents must generally be obtained by you yourself. All disadvantages, especially the payment of cancellation costs (according to clause 5.b.), which accrue from the non-compliance of these regulations, will be charged to you.

 

10. Invalidity:

The invalidity of individual regulations of the travel contract does not lead to the invalidity of the entire contract. In this case, the parties will agree on an economically and legally effective substitute clause for the invalid regulation.

 

11. Choice of law, place of jurisdiction:

German law is valid. Our headquarters are the place of jurisdiction for registered traders, for those who do not have a place of general jurisdiction nationally, as well as for those who have changed their place of residence or habitual residence to abroad after conclusion of contract or whose place of residence or habitual residence is not known at the time that the action is filed, as well as for passive legal proceedings. This is only invalid, if international conventions make other things mandatory. We have the right to sue you at our own discretion, also against your place of general jurisdiction.

 

12. Please take note:

An excursion by bike is a form of travel, which requires more co-operation from you than a regular package tour. Our journeys can be managed by any person in good health, however, only you or your doctor can determine whether you are fit enough to overcome the challenges of such a journey. This journey is not suitable for people with reduced mobility. You must be able to cycle during cycling trips and have control over your bike in traffic, on field paths and in wet weather. You are personally responsible for the adherence of the traffic regulations and for all damage you do unto yourself or others.