Travel Conditions of Radweg-Reisen
The following provisions relate to, to the extent effectively agreed, the travel contract that will be concluded between Radweg-Trips GmbH, referred to in the following as “RWR” and the customer. They supplement the legal provisions of §§ 651a - m BGB (German Civil Code) and the Rules on Disclosure for Travel Agents according to §§ 4 - 11 BGB-InfoV (Ordinance on Duties of Disclosure and Documentation under Civil Law) and complete them.
1. Conclusion of the Travel Contract, Customer’s Obligations
1.1. The following applies to all types of booking:
a) The basis of RWR’s offer and the customer’s booking is the description of the package offer and the supplemental information in the booking conditions to the extent that these are in the customer’s possession at the time of booking.
b) Travel agents are not authorised by RWR to conclude agreements or give assurances that would change the agreed-upon content of the travel contract.
c) If the booking confirmation deviates from the content of the booking, this constitutes a new offer from RWR. The contract comes into effect on the basis of this new offer if the customer declares his/her acceptance explicitly, makes a down payment or pays the outstanding balance or claims travel services.
d) The customer completing the booking is liable for the contractual obligations of those travelling with him for whom he completes the booking, for his own, to the extent that he has assumed a corresponding obligation through expressed and separate declaration.
e) The customer is advised that there is no right to revoke after the conclusion of the contract in accordance with the legal provision of § 312b Para. 3 No. 6 BGB.
1.2. The following applies for bookings that are completed orally, by telephone, in writing, by e-mail or by telefax:
a) With the booking, the customer offers RWR the conclusion of the travel contract.
b) The contract is established with the receipt of the booking confirmation (declaration on acceptance) by RWR. No form is required with the consequence that both oral and telephone confirmations are legally binding on the customer. In the case of oral or telephone bookings, RWR will send a written copy of the booking confirmation to the traveller. Oral or telephone bookings by the traveller lead also to the conclusion of a binding contract with a binding oral or telephone confirmation, if the corresponding written copy of the booking confirmation is not received by the customer.
1.3. In the case of bookings that are completed by means of an online booking procedure without individual communication (contract in electronic business transaction), the following applies to the conclusion of the contract:
a) The procedure for online booking will be explained to the traveller on RWR’s internet site.
b) The customer will be able to correct his information, delete it or reset the entire online booking form; instructions on use will be provided.
c) The languages of the contract for completion of the online booking procedure will be indicated clearly.
d) To the extent that the contract text is stored by RWR in the online booking system, the customer will be informed of this fact and the option of downloading the contract text later.
e) By pressing this button (the radio button) “book and pay”, the customer offers RWR the conclusion of a binding travel contract. The receipt of this booking will be sent to the customer immediately electronically.
f) Transmission of the contract offer by pressing the button “book and pay” does not establish a legal claim on the part of the customer to the establishment of a travel contract conforming to his booking information. RWR is furthermore free to decide whether or not to accept the customer’s offer of contract.
g) The contract takes effect with the receipt of the booking confirmation from RWR by the customer.
2.1. Once the contract has been concluded and a risk coverage certificate compliant with § 651k BGB, a down-payment of 15% of the travel price is due and payable. The remaining payment is due 4 weeks before the start of the trip, to the extent that the risk coverage certificate has been issued and the trip can no longer be cancelled for the reason stated in Number 7.
2.2. If the customer does not render the down-payment and/or remaining payment in conformity with the agreed upon payment due dates, although RWR is ready and able to perform all contracted services properly and there is no legal or contractual right of retention on the part of the customer, RWR is entitled to withdraw from the travel contract after dunning and setting a grace period and to charge the customer the costs incurred by withdrawal in accordance with Number 4.
3. Change of Services
3.1. Changes to essential travel services agreed on in the content of the travel contract that become necessary after conclusion of the contract and are made by RWR in good faith are only permitted to the extent that these changes are not significant and do not detract from the overall arrangement of the trip.
3.2. Any warranty claims remain unaffected to the extent that the altered services are affected with deficiencies.
3.3. RWR is obligated to immediately inform the customer of any significant change in performance immediately after they become aware of the grounds for the change.
3.4. In the event of a significant change in an essential travel service, the customer is entitled to withdraw from the travel contract without payment or to demand the right to participate in a trip of at least equal value, if RWR is able to offer the customer a trip of this kind from its range of products without any increased price. The customer must assert these rights immediately after RWR notifies of the change in the travel service or cancels the trip.
4. Withdrawal by the Customer Prior to Start of Trip/Cancellation Costs
4.1. The customer can withdraw from the trip at any time prior to the beginning of the travel. The customer must notify RWR of withdrawal at the address given below. If the trip was booked by a travel agent, notification of withdrawal can be affected with the agent, as well. We recommend the customer provide written notification of withdrawal.
4.2. If the customer withdraws before the start of travel or does not make the trip, RWR loses its claim to the price of the trip. Instead, RWR can, to the extent that the withdrawal is not its responsibility or is not attributable to force majeure, demand reasonable compensation for the travel preparations that it made up to the point of withdrawal and its expenses depending on the price of the specific trip.
4.3. RWR has taken into account the possible saved expenses and possible usual other use of the travel services in the calculation of compensation. The compensation will be calculated as follows according to the date of receipt of the customer’s declaration of withdrawal, based on the total price:
a) Standard trips:
- Up to 30 days before start of travel: 10 %
- 29 days - 15 days before start of travel: 30 %
- 14 days - 8 days before start of travel: 50 %
- 7 days to 1 day before start of travel: 90 %
- On the day of departure or failure to appear: 90 %
b) Trips with ship travel:
- Up to 85 days before start of travel: 10 %
- Up to 43 days before start of travel: 30 %
- Up to 29 days before start of travel: 60 %
- Up to 1 day before start of travel: 90 %
- On day of departure or failure to appear: 90 %
4.4. The customer is in any case free to prove to RWR that it incurred significantly lower than the sum demanded by RWR or no damages at all.
4.5. RWR reserves the right to demand a higher, concrete compensation for damages instead of the fees stated above to the extent that RWR proves that it incurred significantly higher expenses than the respective applicable fees. In this case RWR is obligated to list the compensation demanded in detail and take into account the saved expenses and any other use of the travel services and document this information.
4.6. The customer’s legal right to send a substitute traveller as stated in § 651 b BGB is unaffected by the provisions above.
After conclusion of the contract, the customer has no entitlement to changes with respect to the travel date, destination, place of embarkation, lodgings or mode of transportation (re-booking). If, however, a re-booking is granted at the request of the customer, RWR can charge a re-booking fee.
6. Service Not Claimed
If the customer does not claim specific travel serves that were offered to him properly for reasons for which he is responsible (e.g. due to early return or other compulsory grounds), he is not entitled to a proportional refund of the trip price. RWR will make an effort to refund the expenses saved by the service provider. This obligation does not apply if these services are completely insignificant or if legal or official provisions prevent such a refund.
7. Withdrawal due to Failure to Reach the Minimum Number of Participants
7.1. RWR can withdraw on failure to reach the minimum number of participants according to the following rules:
a) The minimum number of participants and the latest possible date of withdrawal by RWR must be stated in the actual description of the trip or, in the case of uniform rules for all trips or specific types of trips, in a general notice in the catalogue or a general description of services.
b) RWR must also state the minimum number of participants and the latest date of withdrawal on the booking confirmation or refer there to the corresponding information in the prospectus.
c) RWR is obligated to immediately notify the traveller when the trip is cancelled as soon as it is clear that the trip will not be completed due to failure to reach the minimum number of participants.
d) RWR may not withdraw later than 4 weeks before the start of travel.
7.2. The customer can, if participation in the trip is denied, demand another trip of at least equal value, if RWR is able to offer such a trip from its range of products without added price to the customer. The customer must assert this right to RWR immediately after notification of the cancellation of the trip by RWR.
7.3. If the trip is not carried out for this reason, the customer will immediately be refunded any payments already made against the travel price.
8. General Obligations of the Customer
8.1. The obligation of reporting any deficiency in the trip with RWR deriving from § 651 d Para. 2 BGB is concretised as follows:
a) The traveller is obligated to immediately report any deficiencies appearing to the local representation of RWR (trip guide, agency) and demand a remedy.
b) The traveller will be informed of the identity, availability and the communication data of the representative of RWR at the latest when the travel documents are sent.
c) If, under the terms of the contract, no local representation or trip guide is provided, the traveller is obligated to report any deficiencies directly to RWR at the address given below.
d) The traveller’s claims are only then inapplicable if the traveller, of his own liability, fails to submit the complaint.
8.2. Travel guides, agencies and employees of service providers are not entitled and not authorised by RWR to confirm complaints of deficiencies or to recognise claims against RWR.
8.3. If the trip is significantly compromised as a consequence of a deficiency in the trip, the customer/traveller can cancel the contract. The like applies if the trip is no longer reasonable to the traveller as a result of such a deficiency deriving from a significant cause for which RWR is responsible. This cancellation is only permissible if RWR or, to the extent that they are involved and are contractually recognised as contact partners, its assigned agents (travel guide, agency), allows a reasonable grace period set by for them by the customer/traveller to pass without providing any remedy. The specification of such a grace period is unnecessary if the remedy is impossible or is refused by RWR or its appointed agents or if the immediate cancellation of the contract is justified by a special interest of the traveller.
8.4. The customer must inform RWR if he does not receive the required travel documents within the period communicated to him by RWR or does not receive them in their entirety.
9. Customer’s Special Obligations
9.1. The participant is obligated to make sure of his health status and physical constitution prior to booking the trip and during the trip and is specifically required to consult a physician, if necessary, prior to booking and/or start of travel. RWR is not obligated to provide any contractual consulting, examination or supervisory services in this matter.
9.2. The customer is exclusively personally responsible for the road safety, technical function and all other conditions relating to the carriage of his bicycle. RWR is not subject to any consulting or supervisory obligations in this respect, either.
9.3. Both in the case of private bicycles that the travellers may bring with them as well as in the case of bicycles that are provided, the customer is responsible for continuously monitoring the technical integrity and road safety of the bicycle. In the framework of general legal obligations to report defects, the customer is obligated to immediately report any defects to the travel guide provided by RWR and – in the case of a bicycle that has been provided – to request assistance.
9.4. The customer is obligated to strictly observe all traffic regulations. Regardless of what information on this matter is provided by RWR, the customer is also required to get informed about the applicable traffic regulations in the specific country in which he will be travelling.
9.5.The customer is required to avoid causing any harm, detriment or endangerment to other person or to their property when riding his bicycle and must ride showing due consideration for others.
10. Cancellation due to Conduct
10.1. RWR can immediately cancel the travel contract if:
a) The customer does not adequately meet the physical preconditions for the specific travel event or the equipment that he brings along with him is not adequate for the intended purpose.
b) The customer culpably violates the special responsibilities listed in No. 9 of these travel conditions.
c) The customer continues to cause disruptions in some other way in spite of a warning from RWR or violates the contract in such a way that immediate nullification of the contract is justified.
10.2. If RWR cancels, it retains the claim to the trip price. However, it must give credit for the value of any saved expenses as well as those advantages that they achieve from any other use of the service not claimed, including any amounts paid to their account by the service providers.
11. Liability Limitation
11.1. RWR’s contractual liability for damages that do not result from loss of life, bodily injury or detriment to personal health is limited to three times the trip price:
a) to the extent that harm to the customer was not caused through gross negligence or malicious intent; or
b) to the extent that RWR is responsible for damages incurred to the customer solely owing to the culpability of a service provider.
Possible claims going beyond this under the Montreal Convention and/or the Air Travel Act are not affected by these liability restrictions.
11.2. RWR is not liable for disruptions in service, personal injury or property damage in connection with services that are only arranged in its capacity as an external service provider (e.g. excursions, sporting events, visits to the theatre, exhibitions, transportation services to and from the announced starting point or destination), if these services are explicitly and clearly labelled as external services in the trip announcement and the booking confirmation, with the arranged contract partner being identified in each case, so that the customer/traveller can recognise that these servers are not a part of RWR’s travel services. RWR is, however, liable for services that include the transport of the customer/traveller from the announced starting point of the trip to the announced destination, intermediate transport during the trip and lodging during the trip and/or if and to the extent that a breach of RWR’s obligations to instruct, explain or organise causes a loss or harm to the customer/traveller. Any liability on the part of RWR for failure to meet its obligations as an agent is not affected by the provisions above.
12. Exclusion of Claims
12.1. The customer must assert any claims due to failure to contractually fulfil the trip within a month of the contractually planned end of the trip. The period begins with the day after the day on which the trip ends according to the contract. If that last day falls on a Sunday, on a state holiday generally recognised at the location where the contract is declared, or on a Saturday, that day is the next working day.
12.2. The assertion can only be made in compliance with the deadline when made to RWR at the address given below. Once the deadline passes, the customer can only assert claims if he was prevented from meeting the deadline for reasons beyond his control.
13.1. Customer claims under §§ 651c to f BGB owing to loss of life, bodily harm or detriment to health that result from an intentional or grossly negligent breach of duty by RWR or a legal representative or temporary employee of RWR expire in two years. This also applies to claims on compensation for other damages that result from intentional or grossly negligent breach of duty by RWR or one of its legal representatives or temporary employees.
13.2. All other claims under §§ 651c to f BGB expire in one year.
13.3. The expiration period under No. 13.1 and 13.2 begins on the day that follows the day on which the trip ends according to the contract. If that last day falls on a Sunday, on a state holiday generally recognised at the location where the contract is declared, or on a Saturday, that day is the next working day.
13.4. If there are pending negotiations between the customer and RWR concerning the claim or the conditions justifying the claim, expiration is suspended until the customer or RWR refuses to continue negotiations. The expiration will take effect at the earliest three months after the end of the suspension.
14. Passports, Visas and Health Regulations
14.1. RWR will instruct nationals of a state of the European Community in which the trip is offered concerning the provisions of law governing passports, visas and health regulations before the contract is concluded and will also inform them of any changes made prior to start of the trip. For nationals of other states, the responsible consulate will provide information. The operating assumption will be that there are no unusual factors at work in the person of the customer and any possible travelling companions of the customer (e.g. double citizenship, condition of statelessness).
14.2. The customer is responsible for obtaining and carrying all officially necessary travel documents, possibly required vaccinations as well as for compliance with customs and currency exchange regulations. Any penalties that result from the failure to heed these regulations, e.g. paying cancellation costs, will be borne by the customer. This does not apply if RWR did not provide any information, inadequate information or incorrect information.
14.3. RWR is not liable for the timely issue or receipt of any necessary visa by the specifically responsible diplomatic representation, if the customer did not contract RWR to obtain it, unless RWR culpably failed to fulfil its own obligations.
15. Agreement on Choice of Law and Court of Jurisdiction
15.1. For customers/travellers who are not nationals of a member state of the European Union or Swiss citizens, the exclusive application of German law is agreed upon for all legal and contractual relations between the customer/traveller and RWR. Such customers/travellers can only bring legal complaints against RWR at its headquarters.
15.2. For legal complaints brought by RWR against customers and/or contracting partners in the travel contract who are merchants, legal persons under public or private law or natural persons and who are domiciled or have their habitual residence abroad, or whose habitual residence is unknown at the time the complaint is brought, the headquarters of RWR is agreed to as the court of sole jurisdiction.
© Copyright: RA Noll, Stuttgart 2009 – 2014
The tour operator is:
Tel. 49-(0)7531-81 99 3-0
Fax 49-(0)7531-81 99 3-66
Commercial Registry of Freiburg, HRB 381878
Managing Director: Simon Mink