The following general terms and conditions regulate the legal relationships between customers and Expedicial Reise GmbH, Zum Stadtpark 5, 93142 MaxhütteHaidhof, Tel. 0049 (0) 176 217 291 38, email: email@example.com (hereinafter referred to as “organizer”). They apply in addition to the legal regulations of §§ 651a ff. BGB. By booking travel services with the organizer, the customer accepts these general terms and conditions. Deviations in the respective travel advertisement or the liability agreement and individual agreements have priority over these terms and conditions. When booking an individual travel service (e.g. renting a tour guide) that is not or will not be part of a package tour, only numbers 2, 3, 7.3, 8, 9, 10, 11, 14, 16 and 17 apply accordingly.
2. CONTRACTING PARTIES – ORGANIZERS – PROVIDER IDENTIFICATION
A contract is concluded between the organizer and customers who book an adventure trip or trips with an expedition character, as well as other individual travel services with an adventure character, such as off-road training camps or mechanics courses with the organizer.
3. FORMATION OF THE CONTRACT
3.1 With the registration, the customer offers the organizer the conclusion of a binding travel contract. You can register using the organizer’s online form at npl-overland.eu.
3.2 The registration is carried out by the customer for all participants listed in the registration, for whose contractual obligations the customer is responsible as for his own obligations, provided that he has taken on a corresponding separate obligation by express and separate declaration.
3.3 The organizer will confirm receipt of the order to the customer. This confirmation of receipt does not yet represent an acceptance of the travel contract, but only serves to inform that an offer to conclude a contract has been made by the customer and has been received by the organizer. – 2 – October 11, 2021
3.4 The contract is only concluded with the receipt of the express travel confirmation (acceptance of the customer’s offer) on a permanent data carrier (e.g. by e-mail) by the organizer. In the travel confirmation, the customer receives a written confirmation and a travel brochure, which contains all essential information about the travel he has booked, as well as a liability agreement, which is also the subject of the contract. If the content of the travel confirmation differs from the customer’s registration, the organizer is bound to the new offer for 10 days. The travel contract is concluded on the basis of the new offer if the tour operator has pointed out the change with regard to the new offer and has fulfilled existing pre-contractual information obligations and the customer accepts the offer within the aforementioned binding period, which can also be conclusively made by paying the travel price. In this case, the contract is concluded on the basis of the new offer in accordance with the travel brochure.
3.5 The organizer points out that according to the statutory provisions (§§ 312 Paragraph 7, 312g Paragraph 2 Sentence 1 No. 9 BGB) for package travel contracts according to § 651a and 651c BGB, which were concluded at a distance (especially letters , Catalogs, phone calls, e-mails, SMS, radio, telemedia and online services), there is no right of withdrawal, only the statutory right of withdrawal and termination, in particular the right of withdrawal in accordance with Section 651h of the German Civil Code (BGB). However, a right of revocation exists if the contract for travel services according to § 651a BGB has been concluded outside of business premises, unless the oral negotiations on which the conclusion of the contract is based were based on a previous order by the consumer; in the latter case there is no right of withdrawal.
4. SUBJECT OF PERFORMANCE
The subject of the contract results from the service descriptions of the organizer, in particular from the information in the pre-contractual information, and the information in the travel confirmation and the travel documents. Unless otherwise expressly agreed in the service description, costs for ancillary services such as obtaining visas etc. as well as consumption-dependent ancillary costs are not included in the travel price. – 3 – October 11, 2021
5. CHANGES IN SERVICES AND PRICE CHANGES
5.1 With regard to the special type of trip, we reserve the right to make changes to essential travel services compared to the agreed content of the travel contract, which become necessary after the conclusion of the contract and were not brought about by the organizer in bad faith, provided they are not significant and do not affect the overall design of the booked trip . Any warranty claims remain unaffected, in particular if the changed services are defective. The organizer will inform the customer about significant changes or deviations in service immediately after becoming aware of the reason for the change on a permanent data carrier (e.g. e-mail, SMS).
5.2 Price adjustments (price increases and price reductions) are only possible after conclusion of the travel contract up to the 20th day before the contractual start of the journey if the price adjustment results directly from one of the following reasons that occurred after the conclusion of the contract: – Change in the price for the transport of people due to changed costs for fuel or other energy sources, – change in taxes and other charges for agreed travel services, such as tourist taxes, port or airport charges, or – change in the exchange rates applicable to the package tour in question. In the event of a change related to the seat, the price will be adjusted in the amount of the seat share. In other cases, the additional transport costs required by the transport company for each means of transport are divided by the number of seats on the agreed means of transport. The organizer can demand the resulting increase for the single seat from the customer. If the taxes (e.g. port or airport fees) that exist when the travel contract is concluded, changes to the organizer, the organizer can increase / or decrease the price of the trip by the corresponding proportionate amount. The amount is calculated by apportioning the percentage increase / decrease in the taxes to the corresponding share of the taxes that was assessed for the traveler at the time the contract was concluded. – 4 – October 11, 2021 In the event of a change in exchange rates after the conclusion of the travel contract, the organizer can, based on the exchange rate at the time of the conclusion of the contract compared to the exchange rate at the start of the journey, increase or decrease the price of the travel services concerned according to the exchange rate fluctuation in the ratio by the Has thereby made travel services more expensive or cheaper for the organizer.
5.3 The customer can request a reduction in the travel price if and to the extent that the prices, duties or exchange rates mentioned in the preceding paragraph have changed after the conclusion of the contract and before the start of the journey and this leads to lower costs for the organizer. If the customer has paid more than the amount owed hereunder, the excess amount must be reimbursed by the organizer. The organizer is entitled to deduct the administrative expenses actually incurred from the additional amount to be reimbursed.
5.4 The organizer will inform the customer immediately after becoming aware of significant changes in services or price adjustments that have become known. Price adjustments after the 20th day before the agreed travel date are not permitted.
5.5 In the event of a price adjustment of more than 8% or a significant change in one of the essential characteristics of the travel services, the customer is entitled to either within a reasonable period set by the tour operator at the same time as the notification of the change or price adjustment (i) to accept the price adjustment or service change or (ii) withdraw from the travel contract without any fees or (iii) to request participation in a substitute trip if the organizer has offered such a substitute trip.
5.6 In an offer for a price increase or other contract amendment, the organizer can optionally also offer the customer participation in another package tour (substitute tour). After the expiry of the period specified by the organizer, the offer to increase the price or other amendments to the contract is deemed to have been accepted if the customer does not declare himself within the set period. The customer is informed of this in a clear, understandable and highlighted manner.
5.7 Any warranty claims remain unaffected if changed services are defective.
6. PRICES AND PAYMENT
6.1 All prices include the applicable statutory sales tax. – 5 – October 11, 2021 6.2 Travel cancellation insurance or other insurances are not included in the travel price, unless this is expressly agreed in the description of services for the respective travel.
6.3 The organizer has insolvency protection in accordance with Section 651r BGB. A security certificate will be sent to the customer with the travel confirmation when booking a package tour. The organizer may only request or accept payments on the travel price before the end of the package tour if there is an effective customer money protection contract and the customer has been given the security certificate with details of the customer money insurer.
6.4 After receipt of the travel confirmation and the security certificate, 20% of the travel price is due for down payment within 14 days.
6.5 The remaining travel price is due 4 weeks before the start of the journey without a renewed request, if the organizer has not previously canceled the trip because the minimum number of participants has not been reached or the organizer’s right of withdrawal according to No. 8.2 has expired. If there are less than 4 weeks between the date of the invoice and the start of the journey, the total travel price is due immediately upon receipt of the security certificate. In the case of short-term trips (booking less than 6 calendar days before the start of the trip), receipt of the invoice amount by the organizer must be ensured within two calendar days. The customer immediately sends the organizer a proof of payment (transfer receipt or account statement confirmed by the bank) by e-mail or fax.
6.6 Any fees in the event of cancellation and, if applicable, processing and rebooking fees are due immediately.
6.7 The fact that the payment is credited to the organizer is decisive for the timeliness of payment. 6.8 If due payments are not made or not made in full, although the organizer is ready and able to properly provide the contractual services, has fulfilled statutory information obligations and the customer has no legal or contractual right of retention and the customer does not pay despite a reminder with a grace period, the organizer can withdraw from the respective contract, unless there is already a significant travel deficiency at this point in time. In this case, the organizer can demand cancellation fees in accordance with section 7 of these general terms and conditions when withdrawing from the travel contract. – 6 – October 11, 2021 6.9 In the case of reimbursements abroad, the customer must bear any transfer fees incurred.
7. CANCELLATION BY THE CUSTOMER BEFORE THE START OF THE TRAVEL – REBOOKING – CANCELLATION FEES
7.1 The customer can withdraw from the trip at any time before the start of the trip. To avoid misunderstandings, we recommend that you declare your withdrawal on a permanent data carrier.
7.2 If the customer withdraws from the travel contract or does not start the trip, the organizer loses the right to the travel price. The organizer can instead, insofar as he is not responsible for the withdrawal or the non-commencement of the trip and there is no case of unavoidable, extraordinary circumstances, demand compensation for the travel arrangements made and for his expenses (withdrawal fees). When calculating the reimbursement, usually saved expenses of the organizer and usually possible other uses of the travel services are to be taken into account. The organizer can set his claim for compensation, taking into account the proximity of the time of withdrawal to the contractually agreed start of the trip, in a percentage ratio to the trip price as follows: Trips with an expedition character and self-arrival: up to the 30th day before the start of the trip, 20% of the trip price from the 29th to the 22nd day before the start of the journey 30% of the travel price from the 21st to 15 days before the start of the journey 40% of the travel price from the 14th to the 7th day before the start of the journey 50% of the travel price from the 06th Day before the start of the journey 55% of the travel price in the case of no-show 75% of the travel price Travel with expedition character and air transport: up to the 30th day before the start of the journey 30% of the travel price from the 29th to the 22nd day before the start of the journey 50% of the travel price from the 21st to 15 days before the start of the journey 60% of the travel price from 14th to 7th day before the start of the journey 70% of the travel price – 7th – 11th October 2021 from 06th Day before the start of the journey 80% of the travel price, in the case of no-show 85% of the travel price Travel with expedition character and ferry connections as a part of the journey up to the 30th day before the start of the journey 20% of the travel price from the 29th to the 22nd day before the start of the journey 50% of the travel price from the 21st to 15 days before Travel start 60% of the travel price from the 14th to the 7th day before the start of the travel 70% of the travel price from 06. Day before the start of the journey 80% of the travel price, in the case of no-show 85% of the travel price
7.3 When booking individual travel services (e.g. off-road training camps, mechanic courses), which take place at a fixed, contractually agreed time, a refund of the fees is excluded if the customer does not show up or the customer withdraws from 60 days before the individual travel service takes place.
7.4 Cancellation fees are also to be paid if the customer does not arrive at the respective starting point of the trip in good time at the times specified in the travel documents, as well as if the customer completes the trip due to a lack of travel documents from the customer for which the organizer is not responsible, e.g. B. passport or necessary visa, cannot take part.
7.5 The customer is at liberty to provide evidence that no or only significantly lower costs than the applicable flat rate were incurred in connection with the withdrawal or non-commencement of the trip.
7.6 The organizer reserves the right to demand higher individually calculated compensation instead of the above flat rates, provided that he can prove that he actually incurred higher expenses. In this case, the organizer is obliged to quantify and substantiate the required compensation, taking into account saved expenses and any other use of the travel services. – October 8 – 11, 2021
7.7 Notwithstanding the foregoing, the organizer cannot demand any compensation if unavoidable, extraordinary circumstances occur at or in the immediate vicinity of the destination that significantly impair the implementation of the package tour or the transport of people to the destination. 7.8 The legal right of the customer according to § 651e BGB to demand from the organizer by means of notification on a permanent data carrier that a third party takes over the rights and obligations from the package travel contract instead of him, remains unaffected by the above conditions. Such a declaration is in any case timely if it is received 7 days before the start of the journey. The organizer can object to the entry of the third party instead of the customer if the third party does not meet the special travel requirements or if his participation is contrary to legal regulations or official orders. The customer and the substitute person are jointly and severally liable for the travel price and the additional costs arising from the substitute person’s entry.
8. WITHDRAWAL OR TERMINATION BY THE ORGANIZER
8.1 The organizer can terminate the travel contract without observing a notice period if the execution of the trip is permanently disrupted by the customer despite a corresponding warning from the organizer. The same applies if a customer behaves contrary to the contract to such an extent that, taking into account all the circumstances of the individual case and weighing the interests of both parties, the continuation of the contractual relationship until the agreed termination or until the expiry of a notice period cannot be expected. This does not apply if the behavior contrary to the contract is caused by a violation of the information obligations of the organizer. In these cases, the organizer retains the right to the travel price. In these cases, the customer bears any additional costs for the return transport himself. However, the organizer must offset the value of saved expenses as well as those benefits that are obtained from another use of unused services, including any reimbursements by service providers.
8.2 If the minimum number of participants specified in the pre-contractual information and in the travel confirmation is not achieved, the organizer can withdraw from the trip up to 5 weeks before the start of the trip. The organizer will inform the customer immediately if it becomes apparent at an earlier point in time that the minimum number of participants cannot be reached. The customer will then immediately receive the travel price already paid back. If the organizer withdraws because the minimum number of participants has not been reached, the customer is entitled to request participation in another trip of at least equivalent value, if the organizer is able to do so at no extra cost for the customer – 9 – 11 October 2021 to offer from his offer. The customer has to assert this right immediately after the organizer’s declaration of withdrawal. If the customer does not exercise his right to participate in a trip of the same value, he will immediately receive the paid trip price back.
9. WITHDRAWAL AND TERMINATION DUE TO UNAVOIDABLE, EXCEPTIONAL CIRCUMSTANCES
9.1 The organizer can withdraw from the contract before the start of the journey if he is prevented from fulfilling the contract due to unavoidable, extraordinary circumstances. In this case, the organizer will inform the customer of the withdrawal immediately after becoming aware of the reason for the withdrawal. In this case, the organizer loses the right to the travel price. He shall reimburse the customer for payments already made immediately, at the latest within 14 days after the withdrawal.
9.2 The organizer can cancel or break off the trip or event without observing a deadline if risks or official orders conflict with the scheduled course or the safety of the participants. The same applies in the event of a serious illness of the customer or another travel participant or the tour guide, as well as irreparable damage to the tour guide’s vehicle if no replacement vehicle can be made available for the tour guide promptly within the framework of the economic sacrifice limit in the travel destination and this prevents further participation in the trip or that makes it impossible to continue the trip. In this context, the organizer points out the special character of adventure and expedition trips.
9.3 If the contract is terminated or broken off in this case, the organizer retains the right to the agreed travel price for the travel services already provided and still to be provided at the end of the trip. With regard to the services that are no longer to be provided, the tour operator’s claim does not apply. Furthermore, the organizer is obliged to take the necessary measures, especially if the contract includes return transport, to transport the customer back.
10. UNUSED SERVICES
If the customer does not make use of individual travel services that the tour operator was willing and able to provide in accordance with the contract, as a result of early return, own early departure from the travel group or for other reasons attributable to the traveler, the pro-rata travel price will not be reimbursed insofar as such reasons would not have entitled him to withdraw from the contract free of charge or to terminate the travel contract in accordance with the statutory provisions. The organizer will endeavor to obtain reimbursement of the expenses saved from October 10 to 11, 2021 by the service providers. This obligation does not apply if the expenses are completely insignificant.
11. NOTICE ABOUT POSSIBLE RISKS OF THE JOURNEY
11.1 The trips carried out by the organizer are adventure trips with an expedition character and the associated special risks for the customers / participants themselves as well as their vehicles and equipment.
11.2 The trips carried out include, among other things, trips on unpaved roads as well as off-road, overcoming all kinds of terrain obstacles with the customers / participants’ own vehicles, trips on paths that are rarely used and / or that are not or only rarely repaired, Routes without winter maintenance, driving on narrow roads and paths without safety, driving on difficult to assess ground conditions, driving on steep slopes and crossing streams and rivers with vehicles, crossing desert areas, dangers from avalanches, falling rocks, mudslides, dangers from bad weather, ice , Snow, dangers from wild animals, crossing areas without quick help by rescue workers and without connection for mobile phones, camp activities with overnight stays in the open air, removal of obstacles on the route such as fallen trees, stones, snow and other dangers due to the character of trips as adventure trips are unpredictable. 11.3 In the event of damage to the vehicle that cannot be repaired on site or in the event of a breakdown in the customer’s vehicle, the organizer will support the customer with the resources of the organization vehicle. If a repair or recovery is not possible with these means, the customer bears these costs himself. There is no entitlement to a refund of the travel price.
12. GUARANTEE AND LIABILITY OF THE ORGANIZER
12.1 In the event of a defect, the customer can demand compensation for damages without prejudice to the reduction in the price of the trip (reduction) or the termination, unless the defect in the trip is due to a circumstance for which the organizer is not responsible. The customer can also demand compensation for useless vacation time if the trip has been thwarted or significantly impaired.
12.2 Each customer is responsible for arriving on time to the departure airport, ferry port or the starting point of the trip, unless the delay is due to an intentional or grossly negligent breach of duty by the organizer. – October 11th – 11th, 2021
12.3 The contractual liability of the organizer for damage that is not physical damage and was not culpably caused is limited to three times the travel price.
12.4 Any further claims under international agreements or statutory provisions based on such remain unaffected by the restriction. If international agreements or statutory provisions based on such, according to which a claim for damages arises or can only be asserted under certain conditions or restrictions or is excluded under certain conditions, apply to a travel service to be provided by a service provider, the organizer can contact the Customers rely on this.
12.5 The organizer is not liable for damage to the customer / participant’s vehicles during the trip, in particular for stone chip damage, paint damage, underbody damage, damage to tires, glasses and windows, engine damage, brake damage, damage caused by water penetration, body damage, damage when towing and recovery. The above does not apply in the event that the damage or accident is based on willful or grossly negligent behavior on the part of the organizer. 12.6 The organizer is not liable for service disruptions, personal injury or property damage in connection with services that are only brokered as third-party services (e.g. excursions), if these services are expressly stated in the travel advertisement and the travel confirmation and stating the identity and address of the contracted partner External services have been clearly marked so that they are not recognizable to the customer as part of the tour operator’s package tour and have been selected separately. Sections 651b, 651c, 651w and 651y BGB remain unaffected. The organizer is liable, however, if and to the extent that the damage was caused by the customer’s breach of the organiser’s duties to inform, inform and organize.
The organizer recommends taking out travel cancellation insurance and insurance to cover repatriation costs in the event of an accident or illness, as well as accident insurance, liability insurance and international health insurance including Covid-19 protection. These insurances are not part of the travel contract and must be taken out separately by the customer. – October 12th – 11th, 2021
14. CUSTOMER’S OBLIGATION TO COOPERATE – COMPLAINTS
14.1 Complaints are to be communicated immediately to the tour guide, the organizer or the travel agent and remedial action to be requested. If the traveler culpably fails to report a defect that has occurred immediately, the travel price will not be reduced.
14.2 The customer is obliged to take out adequate motor vehicle liability insurance, personal liability insurance, travel health and accident insurance, which also covers repatriation in the event of illness or emergency, and to carry a valid driver’s license or an international driver’s license for customers who drive themselves.
14.3 Participation in all trips offered by the organizer is only permitted for people in very good health. The customer or participant is obliged to inform the organizer immediately if he has any health concerns. Due to the particular physical stress and strain that can arise on such adventure trips, participation for pregnant women is not permitted. The instructions of the tour guide or the organizer must be followed during the trip. – October 13-11, 2021
15. PASSPORT, VISA, CUSTOMS, EXCHANGE AND HEALTH REGULATIONS
15.1 The organizer informs the customer about the general passport and visa requirements of the country of destination as well as about health formalities in accordance with the legal requirements. However, the customer is responsible for compliance with passport, visa, customs, foreign exchange, vaccination, traffic, health and other regulations of the travel destination.
15.2 The organizer is not liable for the timely issue and receipt of necessary visas by the respective diplomatic representation, unless the organizer is responsible for the delay. 15.3 The customer is responsible for ensuring that his passport or identity card has a sufficient period of validity for the entire journey. The customer is responsible for compliance with all regulations necessary for the implementation of the trip. All disadvantages, in particular the payment of cancellation costs, which arise from non-compliance with these regulations, are at the expense of the customer.
16. ONLINE DISPUTE RESOLUTION – CONSUMER DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution for consumers at http://ec.europa.eu/consumers/odr/. Our e-mail address for consumer complaints is firstname.lastname@example.org. The organizer points out that he is neither obliged nor willing to participate in a consumer dispute settlement according to the VSBG.
17. GOVERNING LAW – PLACE OF JURISDICTION – STORAGE OF THE CONTRACT TEXT
17.1 If the customer is a merchant, legal entity under public law or special fund under public law, or in Germany without a place of jurisdiction, the exclusive place of jurisdiction for all disputes arising from this contract is the business location of the organizer. The organizer is also entitled to sue the customer at his general place of jurisdiction.
17.2 The law of the Federal Republic of Germany applies to the exclusion of the provisions of the Uniform UN Sales Law on the Purchase of Movable Items (CISG). In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
17.3 The contract language is German. – October 14th – 11th, 2021
17.4 The text of the contract is saved by the organizer, but is no longer accessible to the customer for security reasons after the contract has been concluded. As of October 2021