AGB Expedicial Reisen E.K.

1. SCOPE OF APPLICATION

The following General Terms and Conditions govern the legal relationship between customers and Expedicial Reisen E.K., Zum Stadtpark 5, 93142 Maxhütte-Haidhof, Tel. 0049(0)176 217 291 38, E-Mail: info@npl-overland.eu (hereinafter referred to as "Organizer"). They apply in addition to the statutory provisions of §§ 651a ff. of the German Civil Code (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 shall take precedence over these General Terms and Conditions. When booking an individual travel service (e.g. hiring a tour guide) that is not or does not become part of a package tour, only Sections 2, 3, 7.3, 8, 9, 10, 11, 14, 16 and 17 shall 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 an expedition character, as well as other individual travel services with an 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 an 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 rather an invitation to place orders (invitatio ad offerendum).

3.2 As part of the ordering process via the tour operator's online form at npl-overland.eu and Van-Tours.de, the customer first clicks on the desired travel offer via the "Book now!" button and is then redirected to a page where the customer can enter their details and then select their payment method. The customer can change or correct their details at any time during the ordering process. If the customer wishes to cancel the order process completely, they can simply close their browser window. Otherwise, after clicking on the confirmation button "Order now with obligation to pay", the customer's declaration becomes legally binding within the meaning of these GTC.

3.3 By clicking on the "Order now with obligation to pay" button in the last step of the ordering process, the customer submits a binding offer to order the travel services shown in the travel advertisement online.

3.4 The order shall also be placed by the customer for all participants listed in the order, for whose contractual obligations the customer shall be 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 receipt of the order to the customer. This confirmation of receipt does not constitute acceptance of the customer's offer, but merely serves to inform the customer that an offer to conclude a contract has been made by the customer and has been received by the organizer.

3.6 The contract shall only come into effect upon receipt of the express travel confirmation (acceptance of the customer's offer) by the organizer on a durable medium (e.g. by email) in accordance with any statutory requirements. In the travel confirmation, the customer receives a written confirmation and a travel brochure, which contains all essential information about the trip booked by the customer, as well as a liability agreement, which is also part 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 tour operator's offer within the aforementioned binding period, which can also be done conclusively 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.

3.7 The Organizer points out that, in accordance with the statutory provisions (Sections 312 (7), 312g (2) sentence 1 no. 9 BGB), there is no right of withdrawal for package travel contracts in accordance with Sections 651a and 651c BGB that were concluded by distance selling (in particular letters, catalogs, telephone calls, e-mails, SMS, radio, telemedia and online services), but only the statutory rights of withdrawal and termination, in particular the right of withdrawal in accordance with Section 651h BGB. However, there is a right of withdrawal if the contract for travel services has been concluded outside of business premises in accordance with Section 651a BGB, unless the verbal negotiations on which the conclusion of the contract is based were conducted at the consumer's prior request; in the latter case, there is no right of withdrawal.

4. OBJECT 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 advertisement, and the information in the travel confirmation and the travel documents. Unless expressly agreed otherwise in the service description, costs for ancillary services such as the procurement of visas etc. and consumption-related ancillary costs are not included in the tour price.

5. CHANGES IN SERVICES AND PRICES

5.1 In view of the special nature of the trip, the right is reserved to make changes to the travel services compared to the agreed content of the travel contract which become necessary after conclusion of the contract and which were not brought about by the organizer in bad faith, provided that they are not significant and do not affect the overall design of the booked trip, are reasonable for the customer and are explained to the customer before the start of the trip. Any warranty claims remain unaffected, in particular if the changed services are defective. The organizer shall inform the customer of any changes or deviations in services immediately after becoming aware of the reason for the change on a durable medium (e.g. email, SMS). If the changes are significant changes and affect essential travel services, the customer has the right 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. The customer must exercise these rights in the event of significant changes to essential travel services without delay, but at the latest within 10 days of receipt of the information about the change. If the customer does not exercise these rights in due time, the travel contract shall be deemed to have been accepted, taking into account the notified changes. The customer shall be informed of this in a clear, comprehensible and emphasized manner. In this respect, the customer's warranty claims are then 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 travel if the price adjustment results directly from one of the following reasons occurring after conclusion of the contract: - change in the price for the transportation of passengers due to changes in the cost of 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 relating to the seat, the price adjustment shall be made in the amount of the seat portion. In other cases, the additional transportation costs requested by the carrier per means of transportation shall be divided by the number of seats on the agreed means of transportation. The organizer may demand the resulting increase for the individual seat from the customer. If the charges existing at the time the travel contract is concluded (e.g. port or airport fees) are changed vis-à-vis the organizer, the organizer may increase or reduce the travel price by the corresponding pro rata amount. The amount shall be calculated by allocating the percentage increase/decrease in the charges to the same extent as the corresponding share of the charges that was assessed for the traveler at the time the contract was concluded. In the event of a change in exchange rates after conclusion of the travel contract, the organizer may increase or reduce the price of affected travel services in accordance with the exchange rate fluctuation in the proportion in which the travel service has become more expensive or less expensive for the organizer as a result, based on the exchange rate at the time of conclusion of the contract compared to the exchange rate at the start of the trip.

5.3 The customer may demand a reduction in the tour price if and to the extent that the prices, charges or exchange rates specified in the above section have changed after conclusion of the contract and before the start of the tour and this results in lower costs for the organizer. If the customer has paid more than the amount owed hereunder, the excess amount shall be reimbursed by the organizer. The organizer is entitled to deduct the administrative expenses actually incurred from the additional amount to be refunded.

5.4 The Organizer shall inform the customer immediately after becoming aware of any significant changes to 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 tour price, the customer has the right to accept the offer to increase the price, to withdraw from the contract or to demand a different, equivalent tour service. The right to another, equivalent travel service presupposes 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 a price increase of more than 8% of the tour price without delay, but at the latest within 10 days of receipt of the offer to increase the price. If the customer does not exercise these rights in due time, the travel contract shall be deemed to have been accepted, including the notified price increase. The customer shall be informed of this in a clear, comprehensible and emphasized manner. In this respect, the customer's warranty claims are then excluded.

5.5 Any warranty claims shall remain unaffected if changed services are defective.

6. PRICES AND PAYMENT

6.1 All prices include the applicable statutory value added 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 insurance in accordance with § 651r BGB. A security certificate will be sent to the customer with the travel confirmation when a package tour is booked. The organizer may only demand or accept payment of the tour price before the end of the package tour if an effective customer money protection contract is in place 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 payment within 14 days.

6.5 The remaining travel price is due 4 weeks before the start of the trip without further request if it is certain that the trip will take place, in particular if the organizer has not previously cancelled the trip due to a shortfall in the minimum number of participants or the organizer's right of withdrawal in accordance with Section 8.2 has expired. If there are less than 4 weeks between the invoice date and the start of the tour, the total tour 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 shall send the organizer proof of payment (bank-confirmed transfer voucher or bank statement) immediately by e-mail or fax. The costs of travel insurance are due with the down payment, irrespective of this clause.

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

6.7 The crediting of the payment to the Organizer is decisive for the timeliness of the payment. 6.8 If due payments are not made or not made in full, although the Organizer is willing and able to provide the contractual services properly, has fulfilled statutory information obligations and the customer has no statutory or contractual right of retention and the customer does not pay despite a reminder with a grace period, the Organizer may withdraw from the respective contract, unless there is already a significant travel defect at this time. In this case, the organizer may demand cancellation fees in accordance with Section 7 of these General Terms and Conditions in the event of withdrawal from the travel contract.

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

7. WITHDRAWAL BY THE CUSTOMER BEFORE THE START OF THE TRIP - REBOOKING - CANCELLATION FEES

7.1 The customer may 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. To avoid misunderstandings and for reasons of proof, we recommend that the declaration of withdrawal be made on a durable medium.

7.2 If the customer withdraws from the travel contract or does not commence the trip, the Organizer shall lose the right to the agreed travel price. Instead, the organizer may demand compensation for the travel arrangements made and for its expenses (cancellation fees), provided that it is not responsible for the cancellation or failure to commence the trip and that there are no unavoidable, extraordinary circumstances at the destination or in its immediate vicinity which significantly impair the performance of the package tour or the transportation of persons to the destination. When calculating the compensation, the expenses usually saved by the organizer and other possible uses of the travel services must be taken into account. The organizer may calculate its claim for compensation as a lump sum as a percentage of the tour price as follows, taking into account the proximity of the time of withdrawal to the contractually agreed start of the tour: Expedition-style trips and self-drive trips: up to 30 days before the start of the trip 20% of the trip price from 29 to 22 days before the start of the trip 30% of the trip price from 21 to 15 days before the start of the trip 40% of the trip price from 14 to 7 days before the start of the trip 50% of the trip price from 06 days before the start of the trip 55% of the trip price. From the 6th day to the 7th day before departure 55% of the tour price in the event of no-show 75% of the tour price Travel with expedition character and air transportation: up to the 30th day before departure 30% of the tour price from the 29th to the 22nd day before departure 50% of the tour price from the 21st to the 15th day before departure 60% of the tour price from the 14th to the 7th day before departure 70% of the tour price. From the 6th day before departure 80% of the tour price in the event of no-show 85% of the tour price Tours with expedition character and ferry connections as part of the tour up to the 30th day before departure 20% of the tour price From the 29th to 22nd day before departure 50% of the tour price From the 21st to 22nd day before departure 60% of the tour price From the 14th to the 7th day before the start of the tour 70% of the tour price From the 6th day before the start of the tour 80% of the tour price In the event of cancellation by the customer, any travel documents already handed over must be returned to the organizer.

7.3 When booking individual travel services (e.g. off-road training camps, screwdriver 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 withdrawal of the customer from 60 days before the individual travel service takes place.

7.4 Cancellation fees are also payable if the customer does not arrive at the respective starting point of the trip at the times specified in the travel documents and if the customer is unable to start the trip due to a lack of travel documents for which the organizer is not responsible, e.g. passport or necessary visas.

7.5 The customer is at liberty to prove that no costs or only significantly lower costs than the applicable flat rate were incurred in connection with the cancellation or non-arrival of the trip.

7.6 The organizer reserves the right to demand higher individually calculated compensation instead of the above flat rates, insofar as it can prove that it has actually incurred higher expenses. In this case, the organizer is obliged to quantify and substantiate the compensation claimed, taking into account saved expenses and any other use of the travel services.

7.7 The statutory right of the customer in accordance with Section 651e of the German Civil Code (BGB) to demand from the organizer by notification on a durable medium that a third party shall assume the rights and obligations arising from the package travel contract instead of the customer remains unaffected by the above conditions. Such a declaration shall in any case be deemed timely if it is received 7 days before the start of the tour. The organizer may object to the entry of the third party in place of the customer if the third party does not meet the special travel requirements or if legal regulations or official orders prevent their participation. The customer and the replacement person are jointly and severally liable for the travel price and the additional costs incurred by the entry of the replacement person.

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 disrupted by the customer or a person subject to the customer's duty of supervision despite a corresponding warning by the organizer. The same applies if a customer or a person subject to the customer's duty of supervision behaves contrary to the 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 breach of contract is due to a breach of the organizer's duty to provide information. In such cases of termination, the organizer retains the right to the tour price. Any additional costs incurred for return transportation shall be borne by the customer in such cases. However, the organizer must take into account the value of saved expenses as well as any benefits obtained from the alternative use of unused services, including any reimbursements from 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 Tour Operator may withdraw from the tour up to 5 weeks before the start of the tour. The organizer shall 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 tour price already paid immediately, but at the latest within 14 days of the declaration of withdrawal. In the event of withdrawal by the organizer due to the minimum number of participants not being reached, 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 must assert this right against the organizer immediately, but at the latest within 5 days of the organizer's declaration of withdrawal. If the customer does not make use of his right to participate in an equivalent trip, he will be refunded the paid travel price immediately, but at the latest within 14 days of the declaration of withdrawal.

9. resignation and termination due to unavoidable, extraordinary circumstances

9.1 The Organizer may withdraw from the contract before the start of the tour if it is prevented from fulfilling the contract due to unavoidable, extraordinary circumstances. In this case, the organizer shall notify 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. Any payments already made shall be refunded to the customer immediately, at the latest within 14 days of the declaration of withdrawal.

9.2 The organizer may cancel or interrupt the trip or event without notice if risks or official directives prevent the scheduled course of events or the safety of the participants. The same applies in the event of serious illness of the customer or another tour participant or the tour guide, as well as in the event of irreparable damage to the tour guide's vehicle, if no replacement vehicle can be provided promptly for the tour guide in the country of travel within the economic sacrifice limit and this prevents further participation in the tour or makes it impossible to continue the tour. The same applies in the event of damage to the customer's vehicle or damage to the customer's vehicle which cannot be repaired on site even with the support of the organizer's vehicle or the customer's vehicle cannot be recovered. In this context, the organizer draws attention to the special nature of adventure and expedition trips.

9.3 If the contract is terminated or interrupted in this case, the Tour Operator shall retain the claim 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 shall lapse. Furthermore, the tour operator is obliged to take the necessary measures, in particular, if the contract includes return transportation, to transport the customer back.

10. SERVICES NOT UTILIZED

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 duly offered to the customer, due to premature return travel, his own premature departure from the travel group or for other reasons attributable to the traveler, no refund of the pro rata travel price shall be made, unless such reasons would have entitled him to withdraw from or terminate the travel contract free of charge in accordance with the statutory provisions. The organizer shall endeavor to obtain reimbursement of the expenses saved by the service providers. This obligation does not apply if the expenses are completely insignificant or if statutory or official regulations prevent reimbursement.

11. NOTE ON POSSIBLE RISKS OF THE TRIP

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

11.2 The trips carried out include, among other things driving on unpaved roads as well as off-road, overcoming off-road obstacles of all kinds with the customer's/participant's own vehicles, driving on roads that are rarely used and/or that are not or only very rarely maintained, routes without winter maintenance, driving on narrow roads and paths without protection, driving on ground conditions that are difficult to assess, driving on steep slopes and crossing streams and rivers with the vehicles, crossing desert areas, dangers from avalanches, falling rocks, mudslides, 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 rapid assistance from rescue services and without a connection for cell 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 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 an accident involving the customer's vehicle, the organizer shall support the customer with the resources of the organization vehicle. If repair or recovery is not possible with these means, the customer shall bear these costs himself. The customer is not entitled to a refund of the tour price.

12. WARRANTY AND LIABILITY OF THE ORGANIZER

12.1 If the tour is not provided in accordance with the contract, the customer may demand remedy within a reasonable period of time. The organizer must remedy the defect. The organizer may remedy the situation by providing a substitute service of equal or higher value. The organizer may refuse to remedy the defect if it is impossible or requires disproportionate effort. If the trip is significantly impaired as a result of the defect and the organizer fails to remedy the situation within a reasonable period of time, the customer may terminate the travel contract in accordance with the statutory provisions. For reasons of proof, the organizer recommends the declaration of termination on a durable medium. It is not necessary to set a deadline before declaring termination if the organizer refuses to remedy the situation or if immediate remedy is necessary. If the travel contract is terminated by the customer in this case, the organizer retains the right 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 in accordance with 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 (reduction) 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 their own timely arrival at the departure airport, ferry port or starting point of the trip.

12.3 The Organizer shall be liable in accordance with the statutory provisions. The organizer shall only be liable for damages caused intentionally or through gross negligence, unless the damage involves injury to life, limb or health. The Organizer's contractual liability for damages that are not physical injury and were not culpably caused is limited to three times the tour price.

12.4 Any further claims under international conventions or statutory provisions based on such conventions remain unaffected by the restriction. If a travel service to be provided by a service provider is subject to international conventions or statutory provisions based on such conventions, 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 may invoke this vis-à-vis the customer.

12.5 During the trip, the Organizer is not liable for damage to the customer's/participant's vehicle, in particular in the event of stone chip damage, paint damage, underbody damage, damage to tires, glass and windows, engine damage, brake damage, damage caused by water ingress, bodywork damage, damage during towing and recovery. The above shall not apply in the event that the damage or accident is due to intentional or grossly negligent conduct 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 and clearly identified as third-party services in the travel advertisement and the travel confirmation, stating the identity and address of the arranged contractual partner, so that they are recognizably not part of the Organizer's package tour for the customer and were selected separately. Sections 651b, 651c, 651w and 651y BGB remain unaffected by this. However, the organizer is liable if and to the extent that the customer's damage was caused by the organizer's breach of information, clarification and organizational obligations.

13. INSURANCES

The organizer recommends taking out travel cancellation insurance and insurance to cover repatriation costs in the event of accident or illness, as well as accident insurance, liability insurance and international health insurance including Covid-19 cover. These insurances are not included in 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 tour operator or the travel agent and remedial action must be requested within a reasonable period of time. If the customer culpably fails to report a defect without delay, there is no entitlement to a reduction in the travel price. The customer is obliged to cooperate in avoiding or minimizing potential damage in accordance with the statutory provisions on the duty to minimize damage.

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

14.3 Participation in all trips offered by the Organizer is only permitted for persons in very good health. The customer or participant is obliged to inform the organizer immediately if they have any health concerns. Due to the particular physical stresses and strains that can occur on such adventure trips, it is not advisable for pregnant women to participate. 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 Tour Operator shall inform the customer of the general passport and visa requirements of the destination country and of 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 destination countries.

15.2 The Organizer shall not be 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 their passport or identity card is valid for the entire trip. The customer is responsible for complying with all regulations necessary for the execution of the trip. All disadvantages, in particular the payment of cancellation costs arising from non-compliance with these regulations, shall be borne by 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 info@npl-overland.eu The organizer points out that he is neither obliged 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 shall apply to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). In the case of consumers, this choice of law shall only apply insofar as 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 contractual language is German.

17.4 The text of the contract is stored by the Organizer, but is no longer accessible to the Customer after the contract has been concluded for security reasons.

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

Status: August 2025