Terms and conditions (AGB) of 4x4 Adventures GbR, owner Ute Albersdörfer and Walter Kühn, Schossaritz 25, D-91355 Hiltpoltstein
1 Conclusion of the contract
1.1. With the travel application offers the customer 4x4 Adventures, owner Ute Albersdörfer and Walter Kühn, Uhustr. 12, D-91220 Schnaittach (hereinafter organizer) the conclusion of a binding
travel agreement. The application may be made in writing or electronically. The customer is bound by the contract offer 13 days. (This time is needed to ensure the availability of all travel services
The contract is concluded with the acceptance by the organizer. The acceptance is in writing. At or immediately after the conclusion of the tour operator will issue a confirmation of travel customers.
1.2. If the contents of the confirmation of the contents of the application, there is a new listing of the organizer, to which the organizer is bound for a period of 10 days. The contract is concluded on the basis of this new offer if the customer agrees within the period of commitment or travel competes contradiction.
1.3. The customer is responsible for all contractual obligations of travel for which he makes the booking, as for his own, if he has assumed this obligation by express and separate declaration.
2.1. Payments to the tour price before the end of the journey within the meaning may only against the security certificate Required § 651 k BGB Section 3 or accepted. The customer will be issued with the confirmation of the insurance certificate.
2.2. After conclusion of the contract are (maximum € 250.00 per traveler) as deposit due upon receipt of written confirmation, and delivery of the chattel paper 10% of the price.
2.3. The balance of the tour price upon delivery or receipt of travel documents, earlier than four weeks prior to departure, payable if the journey no longer under Clause 6.1. can be canceled.
2.4. Device the customer journey with the down payment or the final payment in arrears organizer is entitled to an unsuccessful threat of refusal to withdraw from the contract and damages in the amount of the agreed cancellation (see paragraph 5 of the terms and conditions) to.
The scope of the contractual services resulting from the performance specifications of the organizer (catalog / brochure, detailed programs and travel information) and from referring to it information on the booking confirmation. Companies (such as theater and concert visits, tours, sports events), which are referred to in the detailed travel courses as "opportunity" or "possibility" are not part of the contracted services due to them possibly associated costs are not included in the tour price.
4 Performance changes
4.1. Changes or deviations of individual travel services from the agreed content of the travel contract, which become necessary after conclusion of the contract and were not caused by the travel agent in good faith, are only permitted if the changes or modifications are not substantial and do not affect the overall form of the tour. Potential warranty claims remain unaffected, if the altered services are flawed.
Designated flight and transfer times are subject to a change. For air travel, with the flight's named airlines are subject to a change.
Operator is obliged to inform the customer about substantial changes in power, to the knowledge of the reason for change immediately.
Trip participants who have booked an individual trip or additionally an individual extension is highly recommended to inform themselves before returning to the representative of the organizer in the travel field, or directly with the airline about the exact time of the return flight and let confirm the return flight. Reference is also made explicit reference to the relevant travel documents in the moment.
4.2. The price changes after the conclusion of the contract in the event of an increase in transportation costs or charges for certain services, such as airport, security or port charges as well as exchange rate changes, according to their actual impact per person or per seat or per accommodation permitted if a contract and the agreed arrival date more than 4 months apart. A price increase may be up to 21 Day be required prior to the departure date. As far as a travel price change occurs, the participants will be informed immediately informed. If the price increases after the contract by more than 5% of the total price, the participants are entitled, without fees or to demand the participation in another equivalent hotel from the organizer program from the contract if it is able to offer such. The rights are to be made immediately after the declaration of the price increase to the organizer claims
4.3. Changes or deviations of individual travel services from the agreed content of the travel contract, which become necessary after conclusion of the contract and which have been brought about by the organizer not in good faith, are only permitted if the changes or modifications are not substantial and do not affect the overall form of the tour. Designated flight and transfer times are subject to a change. For air travel, with the flight's named airlines are subject to a change.
5 Cancellation by the customer (cancellation fee) and substitute
5.1. The customer may at any time withdraw from the trip before it begins. The date of receipt of the cancellation by the organizer. The customer is advised to declare the withdrawal in writing.
5.2. If the customer withdraws from the travel contract (cancellation) or he does not take the trip organizer loses the right to the tour price, but is entitled to compensation pursuant to § 651
II BGB i. Subject to a specific calculation of compensation pursuant to § 651 II BGB, the organizer i 651 i lump sum entitlement to compensation subject to the following breakdown according to BGB §
The cancellation fee is per passenger:
to 95 days before departure: 30,00 €
until the 46 Day before start of 5% of the price
from 45 to 21 Days prior to departure 30% of tour price
from 21 Day to 13 Days prior to departure 50% of tour price
from 14 Day before departure and no show 75% of the price.
As the date for the calculation is the receipt of the cancellation.
5.3. The traveler is at liberty to prove to the organizers that the event organizer no or significantly less damage than the amount demanded.
5.4. Until the start of the journey, the traveler may demand that a third person instead of his rights and obligations under the travel contract. The operator may object to the entry of the third, when they do not meet the travel requirements of its participation or legal regulations or administrative orders. In the case of transfer of contract liable to the original travelers and the substitute participant and severally liable for the travel price and handling charge.
5.5. Travel cancellation insurance and a health and repatriation insurance are not included in the tour price.
It is the conclusion of a trip cancellation insurance and also a repatriation insurance in case of accident or illness recommended (please contact your insurance company or an insurance broker you trust).
6 Cancellation by organizers
6.1. The organizer may only withdraw from the contract due to not achieving the prescribed minimum number of participants, if
a) in the tour, the minimum number of participants is estimated and the date up to which the declaration must be received prior to the agreed arrival date the traveler is given and
b.) is clearly indicated in the confirmation of this information.
A resignation shall be submitted no later than 30 days prior to departure to the customer.
Occurs organizer of the trip back, the customer receives payments on the travel price done without delay.
The organizer shall not be liable for cancellation fees for Vor-/Nachprogramme that have been booked with other service providers / operators, as there is no claim for compensation for booked on their own outside services such as air or train tickets, visas, vaccinations, materials, equipment, etc.
6.2. Received by the organizer before departure aware of significant, lying in the person of the traveler reasons that make fear a prolonged disruption of the trip, the organizer is entitled to withdraw from the contract immediately. In addition, the agreements Cancellation by the traveler and transfer apply. After the departure of the tour operator may cancel the contract without notice if the passenger disrupts the implementation of sustainable travel despite warning or breaches the contract. If the tour operator, it retains the right to the tour price, must, however, be credited the value of future expenses.
6.3. Opportunities due to the statutory notice of force majeure pursuant to § 651 BGB j is drawn.
If the trip due to force majeure, which was not foreseen in the contract, significantly impeded, endangered or impaired, both the tour participants and the organizer may cancel the contract.
The participant must judge his resignation to the organizer. The organizer can be explained to the tour participants, the cancellation also by its local representative or tour leader; authorized to sign this declaration of termination. The termination is after becoming aware of the reasons that entitle you to cancellation due to force majeure to explain immediately.
The mutual rights and obligations in the event of termination resulting from the travel contract law
7.1. Will travel services not rendered or not rendered according to contract, the customer may demand redress.
The defect must be reported immediately to the local tour guide or the organizer. The organizer may inter alia remedy in the way that an equivalent replacement service.
7.2. For the duration of a non-conforming provision of travel, the traveler may require an appropriate reduction of the price, if it is not just a minor deficiency. The reduction does not apply if the traveler culpably omits to indicate the lack of travel.
7.3. If the trip is due to a deficiency significantly affected, the travel customer can cancel the contract. A termination of the travel contract by the customer is only allowed if the organizer
does not provide any reasonable offer after the customer set a reasonable time limit for this
has. A deadline is not required if the remedy is impossible, is denied by the organizer or if the immediate termination by a special interest of the customer is justified.
8 Liability, limitation of liability
8.1 The tour operator is liable under the duty of care of a prudent businessman. He is obliged to provide the trip so that it has the guaranteed properties and is not affected by errors which cancel or reduce the value or the suitability for normal or expected by the contract value. In particular, the tour operator is liable for:
a) Selection of service providers and review of performance;
b) Composition of individual services;
c) a description of the services in catalogs or brochures;
d) processing the travel registration;
e) organization, reservation and provision of services in accordance with the travel contract;
f) issuing and dispatch of travel documents.
8.2 If the tour operator contracting carrier as defined in Guadalajara Convention is, liability is governed by the relevant provisions:
a) intra-German air transport to the Aviation Act;
b) for international air transportation by the Montreal Convention of 1999;
c) for transport to and within U.S. and Canada to the Montreal agreement of 1971 and in 1999.
8.3. The contractual liability of the operator for damages other than personal injury is limited to three times the tour price, provided that the damage is not caused intentionally or by gross negligence. The same applies if the organizer is responsible for the damage due to the fault of a service provider. To the legal provisions of § 651 I BGB h is referenced.
8.4. The Organiser's liability for damages in tort for property damage is caused by intent or gross negligence is limited to three times the price. The organizer shall be liable without limitation for damages to the extent to € 4,100.00. This maximum amount applies per customer and travel. Possible additional claims under the Montreal Convention or the Warsaw Convention remain unaffected by this limitation.
8.5. Of the local tour guide in your own organization or from other people in their own organization at the resort offered and booked on site excursions, transportation services, sports activities, and car hire are not included in travel contract between the travel customer and the organizer, for such services The organizer accepts no liability. This also applies to trips that only suggests the organizer of the trip tenders worth seeing.
8.6. A claim for damages against the organizer is to be made is limited or impossible, according to international agreements or based on such statutory provisions applicable to the of a service
provider to be provided, a claim for damages against the service provider only under certain conditions or restrictions claims or may be excluded under certain conditions. To the legal provisions of
§ 651 II BGB h is referenced.
These limitations of liability claims resulting from legal regulations necessarily a further claim of the customer journey to the organizer, shall remain unaffected by the above.
9 Duty to Cooperate
The traveler shall be obliged to cooperate in service disruptions that have occurred in the context of the legal provisions to avoid or minimize any damage.
The travel customer has the obligation to immediately report complaints to the local tour guide or against the organizers noted. Any failure of the travel customer refrains intentionally to indicate the shortcomings, a claim for reduction can not. This applies not only when the display is visible hopeless or for other reasons is unacceptable. Damage or delays in delivery of checked baggage during air transport should be brought immediately to place a Property Irregularity Report to the relevant airline for information. The damage report is to be made by handing in baggage damage within 7 days, in case of delay within 21 days.
10th Registration of claims, limitation and prohibition of assignment
10.1. Claims for non-conforming provision of travel (§ § 651 c to 651 f BGB) has to be asserted at the address specified in paragraph 16 within one month after the contractually agreed end of the journey through the tour operator customer.
It is recommended that the claim application in writing. A claim with the travel agent (travel agency) is not sufficient for meeting the deadline. After this period, the customer can make travel claims if he was not prevented from meeting the deadline.
For the registration of baggage damage and delays in baggage in connection with air transportation special deadlines apply for the damage indicator. The organizer strongly recommends notified immediately in place a Property Irregularity Report to the relevant airline and baggage damage within 7 days, baggage delays to report within 21 days of delivery. This is obliged to issue a written confirmation (Lost Report).
10.2. Claims of travel customers according to § § 651 c to 651 f BGB loss of life, in body and health, which are based on a negligent breach of duty by the organizer or an intentional or negligent breach of duty by a legal representative or vicarious agent of Operator, expire in two years . This also applies to claims for compensation for other damages based on a grossly negligent breach of duty by the organizer or by gross negligence or willful breach of duty by a legal representative or vicarious agent of Operator. All other claims under the provisions of § § 651 c to 651 f BGB expire after one year. The period begins with the day of the contractually designated holiday ends. Hovering between operator and the customer on the claim or the circumstances giving rise to the claim, then enters a prescription inhibition. The limitation period is suspended until the trip organizer or customer refuses to continue the negotiations. The limitation period shall expire no earlier than one three months after the end of the suspension.
10.3. Prohibition of assignment The assignment of claims against the organizer of the trip customers to third parties, including spouses and relatives, is excluded.
11th Information obligations on airlines
The EU Regulation No. 2111/2005 on informing air transport passengers of the identity of the operating air carrier operators obliged to inform the customer journey on the identity of the operating carrier of all services to be provided as part of the booked trip air transportation services when booking. Is not yet clear when booking the operating airline, the organizer is obliged to give the customer the airline or airlines, which will probably operate the flight / flights / are.
Once the operator has knowledge of which airline operates the flight, the travel customer must be informed. Moves the said airline operators must inform the customer about the change. The organizer must immediately take all appropriate steps to ensure that the customer is informed of the change.
A list of unsafe airlines with flight ban in the EU as available on the following website: www.lba.de
12th Passport, visa and health regulations
12.1. The organizer shall be responsible to inform customers travel with German citizenship about passport and visa requirements as well as any changes prior to departure. Citizens of other countries contact the relevant consulate information. On specific health requirements of the destination country has organizer back in the tour. The traveler should inform you about infections and Impfschutzmaßnahmen. There is the possibility to obtain information from health authorities, with doctors (medical travel) and others Institute of Tropical Medicine pointed out.
12.2. Organizer is not liable for the timely issue and receipt of necessary visas from the respective diplomatic representation if the traveler organizer instructed to procure, unless that operator is responsible for the delay.
12.3. The traveler is responsible for compliance with all important for the implementation of the passport, visa and health regulations. All the disadvantages, in particular the payment of cancellation fees, that arise from non-compliance with these regulations shall at his expense, except if they are caused by a culpable wrong or deficient information from organizers.
13th Photos and footage
The participants agree that the organizers sound and film recordings records of the trips and events. The organizer is entitled free of charge to dispose of this material, in particular for advertising purposes this in catalogs, advertising brochures, leaflets, using the Internet or similar publications.
14th Choice of Law
To the travel contract and the legal relationship between the customer and the organizer shall be exclusively governed by German law. As far as is used in lawsuits against customers of the travel organizer abroad for the German law is not grounds for liability, is to the legal consequences, such as to the nature, extent and amount of claims of customers travel exclusively by German law.
15.1. The place of jurisdiction is the registered office of the organizer.
15.2. Actions brought by the operator against the traveler, the residence of the traveler shall prevail, unless the suit is directed against entrepreneurs or persons that do not have a general place of jurisdiction in Germany, or against persons who are resident or ordinarily resident in after conclusion of the contract have moved abroad or whose domicile or habitual residence at the time of action is not known. In these cases, the office of the organizer shall prevail.
16th Other provisions
The provision of these conditions does not invalidate the entire travel conditions result.