Terms and Con­di­ti­ons Expe­di­cial Reise GmbH

1. appli­ca­tion area

The fol­lo­wing gene­ral terms and con­di­ti­ons govern the legal rela­ti­onship bet­ween cus­to­mers and Expe­di­cial Reise GmbH, Zum Stadt­park 5, 93142 Max­hütte-Haid­hof, Tel. 0049(0)176 217 291 38, e‑mail: info@npl-overland.eu (her­ein­af­ter refer­red to as the “Orga­ni­zer”). They apply in addi­tion to the legal regu­la­ti­ons of §§ 651a ff. BGB. By orde­ring or 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 — orga­ni­zer — pro­vi­der iden­ti­fi­ca­tion

A con­tract is con­cluded bet­ween the orga­ni­zer and cus­to­mers who book an adven­ture trip or trips with expe­di­tion cha­rac­ter, as well as other indi­vi­dual tra­vel ser­vices with adven­ture cha­rac­ter, such as off-road trai­ning camps or wren­ching cour­ses with the orga­ni­zer.

3. con­clu­sion of the con­tract

3.1 The pre­sen­ta­tion of adven­ture trips or trips with expe­di­tion cha­rac­ter and indi­vi­dual tra­vel ser­vices on our online por­tals npl-overland.eu and Van-Tors.de do not con­sti­tute a legally bin­ding offer in the legal sense, but an invi­ta­tion to place orders (invi­ta­tio ad offe­ren­dum).

3.2 As part of the orde­ring pro­cess via the Organizer’s online form at npl-overland.eu and Van-Tours.de, the Cus­to­mer first clicks on the desi­red tra­vel adver­ti­se­ment via the “Book Now!” but­ton and is then redi­rec­ted to a page where the Cus­to­mer can enter his data and then sel­ect his pay­ment method. The cus­to­mer can change or cor­rect his details at any time during the orde­ring pro­cess. If the cus­to­mer wants to can­cel the orde­ring pro­cess com­ple­tely, the cus­to­mer can also sim­ply close his brow­ser win­dow. Other­wise, after cli­cking the con­fir­ma­tion but­ton “Order now with obli­ga­tion to pay”, the decla­ra­tion of the cus­to­mer beco­mes legally bin­ding in the sense of these GTC.

3.3 By cli­cking the “Order now with obli­ga­tion to pay” but­ton in the last step of the orde­ring pro­cess, the cus­to­mer sub­mits a bin­ding offer to order online the tra­vel ser­vices dis­played in the tra­vel descrip­tion.

3.4 The order is pla­ced by the cus­to­mer also for all par­ti­ci­pants lis­ted in the order, for whose con­trac­tual obli­ga­ti­ons the cus­to­mer is lia­ble as for his own obli­ga­ti­ons, pro­vi­ded that he has assu­med a cor­re­spon­ding sepa­rate obli­ga­tion by express and sepa­rate decla­ra­tion.

3.5 The orga­ni­zer will con­firm the receipt of the order to the cus­to­mer. This con­fir­ma­tion of receipt does not yet con­sti­tute accep­tance of the customer’s offer, but merely ser­ves to inform the cus­to­mer that an offer to con­clude a con­tract has been made and recei­ved by the orga­ni­zer.

3.6 The con­tract is only con­cluded upon receipt of the express tra­vel con­fir­ma­tion (accep­tance of the customer’s offer) by the orga­ni­zer on a dura­ble data medium (e.g. by e‑mail), which com­plies with any legal requi­re­ments. 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 order, this con­sti­tu­tes a new offer by the orga­ni­zer, to which the orga­ni­zer is bound 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 of the tour ope­ra­tor within the afo­re­men­tio­ned bin­ding period, which can also be done con­clu­si­vely by pay­ment of the tra­vel price. In this case, the con­tract is con­cluded on the basis of the new offer in accordance with the tra­vel bro­chure.

3.7 The Orga­ni­zer points out that accor­ding to the legal regu­la­ti­ons (§§ 312 para. 7, 312g para. 2 p. 1 no. 9 BGB) there is no right of with­dra­wal for package tra­vel con­tracts accor­ding to § 651a and 651c BGB, which were con­cluded in distance sel­ling (esp. let­ters, cata­logs, tele­phone calls, e‑mails, SMS, broad­cas­ting, tele­me­dia and online ser­vices), but only the legal rights of with­dra­wal and ter­mi­na­tion, in par­ti­cu­lar the right of with­dra­wal accor­ding to § 651h 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 mat­ter of the con­tract results from the ser­vice descrip­ti­ons of the orga­ni­zer, in par­ti­cu­lar from the infor­ma­tion in the pre-con­trac­tual infor­ma­tion, the tra­vel descrip­tion, and the infor­ma­tion in the tra­vel con­fir­ma­tion and the tra­vel docu­ments.
Costs for ancil­lary ser­vices such as the pro­cu­re­ment of visas, etc. as well as con­sump­tion-depen­dent ancil­lary costs are not included in the tra­vel price, unless expressly agreed other­wise in the ser­vice descrip­tion.

5. ser­vice chan­ges and price chan­ges

5.1 With regard to the spe­cial nature of the trip, chan­ges to the tra­vel ser­vices com­pared to the agreed con­tent of the tra­vel con­tract that become neces­sary after con­clu­sion of the con­tract and were not brought about by the Orga­ni­zer con­trary to good faith are reser­ved, pro­vi­ded they are not signi­fi­cant and do not affect the over­all nature of the boo­ked trip, are reasonable for the cus­to­mer and are explai­ned to the cus­to­mer before the start of the trip. Any war­ranty claims shall remain unaf­fec­ted, in par­ti­cu­lar inso­far as the modi­fied ser­vices are defec­tive. The orga­ni­zer will inform the cus­to­mer about ser­vice chan­ges or devia­ti­ons imme­dia­tely after know­ledge of the reason for change on a dura­ble data medium (e.g. e‑mail, SMS). If the chan­ges are signi­fi­cant and affect essen­tial tra­vel ser­vices, the cus­to­mer has the right to with­draw from the con­tract or demand ano­ther tra­vel ser­vice of equal value. The right to ano­ther, equi­va­lent tra­vel ser­vice requi­res that the orga­ni­zer can offer the cus­to­mer such a ser­vice wit­hout incre­asing the price of the ori­gi­nally boo­ked trip. The cus­to­mer must exer­cise these rights in the event of signi­fi­cant chan­ges affec­ting essen­tial tra­vel ser­vices wit­hout delay, but no later than 10 days after receipt of the infor­ma­tion about the change. If the cus­to­mer does not exer­cise these rights in due time, the tra­vel con­tract is con­side­red accepted with the inclu­sion of the noti­fied chan­ges. The cus­to­mer is infor­med of this in a clear, under­stan­da­ble and high­ligh­ted man­ner. In this respect, war­ranty claims of the cus­to­mer are excluded.

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 trip if the price adjus­t­ment results directly from one of the fol­lo­wing reasons occur­ring after con­clu­sion of the con­tract:

- Change in the price of pas­sen­ger trans­por­ta­tion due to chan­ges in the cost of fuel or other energy sources,

- Chan­ges 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 char­ges to the same ext­ent as the cor­re­spon­ding charge asses­sed to the tra­ve­ler at the time the con­tract was ente­red into.

In the event of a change in exch­ange rates after the con­clu­sion of the tra­vel con­tract, the Orga­ni­zer may increase or decrease the price of the tra­vel ser­vices con­cer­ned in accordance with the exch­ange rate fluc­tua­tion, based on the exch­ange rate at the time of the con­clu­sion of the con­tract com­pared to the exch­ange rate at the start of the trip, in the pro­por­tion in which the tra­vel ser­vice has become more expen­sive or more favorable for the Orga­ni­zer as a result.

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.

If the price increase exceeds 8% of the tra­vel price, the cus­to­mer has the right to accept the offer to increase the price, to with­draw from the con­tract or to demand ano­ther, equi­va­lent tra­vel ser­vice. The right to ano­ther, equi­va­lent tra­vel ser­vice requi­res that the orga­ni­zer can offer the cus­to­mer such a ser­vice wit­hout incre­asing the price of the ori­gi­nally boo­ked trip. In the event of a price increase of more than 8% of the tra­vel price, the cus­to­mer must exer­cise these rights imme­dia­tely, but no later than 10 days after receipt of the offer to increase the price. If the cus­to­mer does not exer­cise these rights in due time, the tra­vel con­tract is con­side­red accepted with the inclu­sion of the noti­fied price increase. The cus­to­mer is infor­med of this in a clear, under­stan­da­ble and high­ligh­ted man­ner. In this respect, war­ranty claims of the cus­to­mer are excluded.

5.5 Any war­ranty claims shall remain unaf­fec­ted inso­far as modi­fied ser­vices are defec­tive.

6. pri­ces and pay­ment

6.1 All pri­ces include the appli­ca­ble sta­tu­tory sales tax.

6.2 Tra­vel can­cel­la­tion insu­rance or other insu­ran­ces are not included in the tra­vel price, unless this is expressly agreed in the ser­vice descrip­tion for the respec­tive trip.

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 trip wit­hout a new request if it is cer­tain that the trip will be car­ried out, in par­ti­cu­lar ifthe Orga­ni­zer has not pre­viously can­ce­led the trip because the mini­mum num­ber of par­ti­ci­pants has not been rea­ched or if the Organizer’s right to can­cel the trip accor­ding to sec­tion 6.2 has not been exer­cised. 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. The cost of tra­vel insu­rance is due with the depo­sit, regard­less of this clause.

6.6 Any fees in the event of can­cel­la­tion as well as pro­ces­sing and reboo­king fees, if appli­ca­ble, are due upon invoi­cing.

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.

6.9 In the case of refunds abroad, the cus­to­mer shall bear any trans­fer fees that may be incur­red.

7. with­dra­wal by the cus­to­mer before the start of the trip — reboo­king — can­cel­la­tion fees

7.1 The cus­to­mer can with­draw from the trip at any time before the start of the trip. Decisive for the time­liness of the decla­ra­tion of with­dra­wal is the receipt of the decla­ra­tion of with­dra­wal by the orga­ni­zer. In order to avoid misun­derstan­dings and for reasons of evi­dence, we recom­mend decla­ring the 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 claim to the agreed tra­vel price. Ins­tead, the orga­ni­zer may, inso­far as the with­dra­wal or the fail­ure to com­mence the trip is not his respon­si­bi­lity and there is not a case of unavo­ida­ble, extra­or­di­nary cir­cum­s­tances at the desti­na­tion or in its imme­diate vici­nity, which signi­fi­cantly affect the imple­men­ta­tion of the package tour or the trans­por­ta­tion of per­sons to the desti­na­tion, 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 lump-sum 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 price of the trip as fol­lows:

Tra­vels with expe­di­tion cha­rac­ter and own tra­vel:

up to 30. day before tra­vel start 20% of the tra­vel price

from 29th to 22nd day before depar­ture 30% of the tour price

from 21. to 15 day before depar­ture 40% of the tour price

from 14th to 7th day before depar­ture 50% of the tour price

from 06. day before depar­ture 55 % of the tour price

in case of no-show 75% of the tra­vel price

Tra­vel with expe­di­tion cha­rac­ter and air trans­por­ta­tion:

up to 30. day before tra­vel start 30% of the tra­vel price

from 29th to 22nd day before depar­ture 50% of the tour price

from 21. to 15 day before depar­ture 60% of the tour price

from 14th to 7th day before depar­ture 70% of the tour price

from 06. day before depar­ture 80 % of the tour price

in case of no-show 85% of the tour price

Trips with expe­di­tion cha­rac­ter and ferry con­nec­tions as part of the trip

up to 30. day before tra­vel start 20% of the tra­vel price

from 29th to 22nd day before depar­ture 50% of the tour price

from 21. to 15 day before depar­ture 60% of the tour price

from 14th to 7th day before depar­ture 70% of the tour price

from 06. day before depar­ture 80 % of the tour price

in case of no-show 85% of the tour price

In the event of with­dra­wal by the cus­to­mer, tra­vel docu­ments alre­ady issued must be retur­ned to the orga­ni­zer.

7.3 When boo­king indi­vi­dual tra­vel ser­vices (e.g. off-road trai­ning camps, wren­ching cour­ses), which take place at a fixed con­trac­tually agreed time, a refund of the fees is excluded in the event of non-appearance of the cus­to­mer or can­cel­la­tion by the cus­to­mer 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 shall be at liberty to prove that no costs or only signi­fi­cantly lower costs than the appli­ca­ble flat rate have been incur­red in con­nec­tion with the can­cel­la­tion 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.

7.7 The customer’s sta­tu­tory right pur­su­ant 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 may ter­mi­nate the tra­vel con­tract wit­hout notice if the per­for­mance of the trip is per­ma­nently dis­tur­bed by the cus­to­mer or a per­son sub­ject to the customer’s duty of super­vi­sion despite an appro­priate war­ning by the Orga­ni­zer. The same applies if a cus­to­mer or a per­son sub­ject to the customer’s duty of super­vi­sion beha­ves in breach of con­tract to such an ext­ent that, taking into account all the cir­cum­s­tances of the indi­vi­dual case and weig­hing up the inte­rests of both par­ties, the orga­ni­zer can­not reason­ably be expec­ted to con­ti­nue the con­trac­tual rela­ti­onship until the agreed ter­mi­na­tion or until the expiry of a notice period. 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 of can­cel­la­tion, the orga­ni­zer reta­ins the right to the tour 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 rea­ched, the Orga­ni­zer can can­cel 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 be refun­ded the alre­ady paid tra­vel price imme­dia­tely, but at the latest within 14 days after decla­ra­tion of with­dra­wal. In the event of with­dra­wal by the orga­ni­zer due to fail­ure to reach the mini­mum num­ber of par­ti­ci­pants, the cus­to­mer is entit­led to request ano­ther trip of equal value. The right to ano­ther, equi­va­lent trip requi­res that the orga­ni­zer can offer the cus­to­mer such a trip wit­hout incre­asing the price of the ori­gi­nally boo­ked trip. The cus­to­mer has to assert this right imme­dia­tely, at the latest, howe­ver, within 5 agen after decla­ra­tion of the with­dra­wal by the orga­ni­zer. If the cus­to­mer does not exer­cise his right to par­ti­ci­pate in an equi­va­lent trip, he will be refun­ded the paid tra­vel price imme­dia­tely, but no later than 14 days after the decla­ra­tion of with­dra­wal.

9. with­dra­wal and ter­mi­na­tion due to unavo­ida­ble, extra­or­di­nary 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. Alre­ady made pay­ments will be refun­ded to the cus­to­mer imme­dia­tely, at the latest within 14 days after decla­ra­tion of 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. The same applies in case of damage to the customer’s vehicle or acci­dent of the customer’s vehicle, which can­not be repai­red on the spot even with the sup­port of the means of the orga­niza­tion vehicle or the customer’s vehicle can­not be reco­vered. 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. ser­vices not used

If the cus­to­mer does not make use of indi­vi­dual tra­vel ser­vices, which the orga­ni­zer was wil­ling and able to pro­vide in accordance with the con­tract and which were pro­perly offe­red to the cus­to­mer, as a result of an early return trip, the customer’s own early depar­ture from the tra­vel group or for other reasons attri­bu­ta­ble to the tra­ve­ler, no repay­ment of the pro­por­tio­nal tra­vel price will be made, inso­far as such reasons would not have entit­led the cus­to­mer to with­draw free of charge or to ter­mi­nate the tra­vel con­tract in accordance with the sta­tu­tory pro­vi­si­ons. The orga­ni­zer will endea­vor to obtain reim­bur­se­ment of the saved expen­ses from the ser­vice pro­vi­ders. This obli­ga­tion shall not apply if the expen­ses are com­ple­tely insi­gni­fi­cant or if the reim­bur­se­ment is con­trary to sta­tu­tory or offi­cial pro­vi­si­ons.

11. notice about pos­si­ble risks of the trip

11.1 The trips car­ried out by the orga­ni­zer are adven­ture trips with expe­di­tion cha­rac­ter as well as other events with adven­ture cha­rac­ter and asso­cia­ted with spe­cial risks for the customers/participants them­sel­ves as well as their vehic­les and equip­ment.

11.2 The trips car­ried out include, but are not limi­ted to. also jour­neys on unpa­ved roads as well as off-road, over­co­ming ter­rain obs­ta­cles of all kinds with the customer’s/participant’s own vehic­les, jour­neys on roads which are only rarely used and/or which are not or only very rarely main­tai­ned, rou­tes wit­hout win­ter main­ten­ance, dri­ving on nar­row roads and paths wit­hout secu­ring, jour­neys on ground con­di­ti­ons which are dif­fi­cult to assess, dri­ving on steep slo­pes and crossing streams and rivers with the vehic­les, crossing desert areas, dan­gers due to ava­lan­ches, rock­fall, mud­flows, Dan­gers due to bad wea­ther, ice, snow, dan­gers due to wild ani­mals, dan­gers due to vehicle reco­very and the aids used, such as hi-lift jacks, win­ches and their (steel) ropes, the use of shack­les, crossing areas wit­hout the pos­si­bi­lity of rapid assis­tance from res­cue ser­vices and wit­hout con­nec­tion for cell pho­nes, camp acti­vi­ties with over­night stays in the open, rem­oval of obs­ta­cles on the route such as fal­len trees, stones, snow, as well as other dan­gers that can­not be fore­seen due to the nature of the trips as adven­ture trips.

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 War­ranty and lia­bi­lity of the orga­ni­zer

12.1 If the trip is not pro­vi­ded in accordance with the con­tract, the cus­to­mer may demand remedy within a reasonable period. The orga­ni­zer has to remove the defect. The orga­ni­zer can remedy the situa­tion by pro­vi­ding a sub­sti­tute ser­vice of equal or grea­ter value. The orga­ni­zer can refuse the remedy if it is impos­si­ble or requi­res a dis­pro­por­tio­nate effort. If the trip is signi­fi­cantly impai­red as a result of the defect and the orga­ni­zer does not pro­vide a remedy within a reasonable period, the cus­to­mer may ter­mi­nate the tra­vel con­tract in accordance with the sta­tu­tory pro­vi­si­ons. For reasons of evi­dence, the orga­ni­zer recom­mends the decla­ra­tion of the can­cel­la­tion on a dura­ble data medium. The deter­mi­na­tion of a time limit prior to the decla­ra­tion of ter­mi­na­tion is not requi­red if the remedy is refu­sed by the orga­ni­zer or if imme­diate remedy is neces­sary. If in this case the tra­vel con­tract is ter­mi­na­ted by the cus­to­mer, the orga­ni­zer reta­ins the claim to the agreed tra­vel price with regard to the tra­vel ser­vices alre­ady pro­vi­ded and those still to be pro­vi­ded at the end of the package tour; the customer’s claims under 651i para. 3 No. 6 and 7 BGB remain unaf­fec­ted. In the event of a defect, the cus­to­mer may also demand com­pen­sa­tion wit­hout pre­ju­dice to the reduc­tion of the tour price or ter­mi­na­tion, unless the defect in the tour is due to a cir­cum­s­tance for which the orga­ni­zer is not respon­si­ble.

12.2 Each cus­to­mer is respon­si­ble for his own timely arri­val to the depar­ture air­port, ferry port, or the start­ing point of the trip.

12.3 The orga­ni­zer is lia­ble accor­ding to the legal regu­la­ti­ons. The orga­ni­zer is only lia­ble for dama­ges cau­sed inten­tio­nally or by gross negli­gence, unless the damage invol­ves injury to life, body or health. The con­trac­tual lia­bi­lity of the orga­ni­zer for dama­ges that are not bodily inju­ries and were not cul­pa­bly cau­sed is limi­ted to three times the tra­vel price.

12.4 Pos­si­ble addi­tio­nal claims under inter­na­tio­nal agree­ments or sta­tu­tory pro­vi­si­ons based on such agree­ments shall remain unaf­fec­ted by the limi­ta­tion. If inter­na­tio­nal con­ven­ti­ons or legal regu­la­ti­ons based on such apply to a tra­vel ser­vice to be pro­vi­ded by a ser­vice pro­vi­der, accor­ding to which a claim for dama­ges only ari­ses or can only be asser­ted under cer­tain con­di­ti­ons or rest­ric­tions or is excluded under cer­tain con­di­ti­ons, the orga­ni­zer can refer to this vis-à-vis the cus­to­mer.

12.5 The orga­ni­zer is not lia­ble for damage to vehic­les of the customer/participant during the trip, espe­ci­ally in the case of stone chip damage, paint damage, under­body damage, damage to tires, glas­ses and win­dows, engine damage, brake damage, damage due to water pene­tra­tion, body damage, damage during 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 merely arran­ged as third-party ser­vices (e.g. excur­si­ons) if these ser­vices were expressly iden­ti­fied as third-party ser­vices in the tra­vel descrip­tion and the tra­vel con­fir­ma­tion, sta­ting the iden­tity and address of the arran­ged con­trac­tual part­ner, in such a clear man­ner that they are not reco­gniz­ably part of the Organizer’s package tour for the cus­to­mer and were sel­ec­ted sepa­ra­tely. Sec­tions 651b, 651c, 651w and 651y BGB remain unaf­fec­ted. Howe­ver, the orga­ni­zer is lia­ble if and to the ext­ent that the customer’s damage was cau­sed by a breach of the organizer’s duties to inform, edu­cate and orga­nize.

13. insu­ran­ces

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.

14. customer’s duty to coope­rate — com­plaints

14.1 Defects must be repor­ted imme­dia­tely to the tour guide, the Orga­ni­zer or the tra­vel agent and reme­dial action must be reques­ted within a reasonable period of time.
If the cus­to­mer cul­pa­bly fails to imme­dia­tely report a defect that has occur­red, a claim for reduc­tion of the tra­vel price does not occur. The cus­to­mer is obli­ga­ted to coope­rate in avo­i­ding or mini­mi­zing poten­tial dama­ges in the event of ser­vice dis­rup­ti­ons that occur in accordance with the sta­tu­tory pro­vi­si­ons on the duty to mini­mize dama­ges.

14.2 The Cus­to­mer assu­res that he/she is the owner and kee­per of the vehicle or the kee­per and owner has given the Cus­to­mer per­mis­sion to par­ti­ci­pate in the trip with his/her vehicle under these GTC. The cus­to­mer is obli­ged to take out suf­fi­ci­ent motor vehicle lia­bi­lity insu­rance, per­so­nal lia­bi­lity insu­rance, tra­vel health insu­rance and acci­dent insu­rance for the respec­tive tra­vel area, which also covers repa­tria­tion in case of ill­ness or emer­gency, and to carry a valid driver’s license or an inter­na­tio­nal driver’s license for cus­to­mers as self-dri­vers.

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 stres­ses and strains that can occur during such adven­ture trips, par­ti­ci­pa­tion for pregnant women is not recom­men­ded.
The ins­truc­tions of the tour guide or the orga­ni­zer must be fol­lo­wed during the trip.

15. pass­port, visa, cus­toms, for­eign 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 email address for con­su­mer com­plaints is info@npl-overland.eu
The orga­ni­zer points out that he is neither obli­ga­ted nor wil­ling to par­ti­ci­pate in a con­su­mer dis­pute reso­lu­tion accor­ding to VSBG.

17. appli­ca­ble law — place of juris­dic­tion — sto­rage of the con­tract text

17.1 If the cus­to­mer is a mer­chant, a legal entity under public law or a spe­cial fund under public law, or has no place of juris­dic­tion in Ger­many, the exclu­sive place of juris­dic­tion for all dis­pu­tes ari­sing from this con­tract shall be the regis­tered office of the organizer’s busi­ness ope­ra­ti­ons. 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 shall only apply to the ext­ent that the pro­tec­tion gran­ted is not with­drawn by man­da­tory pro­vi­si­ons of the law of the coun­try in which the con­su­mer has his habi­tual resi­dence.

17.3 The con­tract lan­guage is Ger­man.

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.

17.5 Should indi­vi­dual pro­vi­si­ons of this con­tract be inva­lid, this shall not affect the rema­in­der of the con­tract.

Sta­tus: May 2023