General Terms and Conditions for Tourist Services
conclusion of contract
1.1 The contractual partner is Mr. Uwe Krauß. 1.2 By registering in accordance with the invitation to tender, which is made via the booking form, the travel participant makes a binding offer to conclude a travel contract. The registration can be made in writing. Uwe Krauß shall confirm the acceptance by means of a booking confirmation sent by e-mail. 1.3 If the content of the travel confirmation differs from the content of the registration, this constitutes a new offer by the tour operator. The travel contract is concluded on the basis of this new offer if the tour participant agrees to it. The consent can be given by explicit or conclusive declaration, such as the payment of the travel price, the deposit or the start of the trip. 1.4 If the travel and payment conditions of the organizer are not available to the travel participant when registering by telephone, they will be sent with the travel confirmation/invoice. The terms and conditions of travel and payment become part of the travel contract subject to the provision in 1.2. 1.5 The scope of the contractual services results bindingly from the travel confirmation/invoice of the tour operator, as well as from the service description of the product description on which the respective offer is based. Other hotel or service provider’s own service descriptions are not authoritative. 1.6 Part of the service offered are, among other things, rights of use and access to certain non-public roads and / or private property. As far as the customer intentionally leaves the route given by Mr. Uwe Krauß, this has to be done exclusively on ways and streets which are accessible to the general traffic. For this case Mr. Uwe Krauß declares the exclusion of liability.
Payment
2.1 The prices and services confirmed with the booking apply. Both foreign and bank transfer fees shall be borne by the customer. 2.2 In case of refusal of payment by a bank, a handling fee of $30 per booking will also be charged. The customer reserves the right to prove that no or significantly lower damages were incurred.
travel documents
3.1 The travel documents are sent to the applicant of the trip for all travel participants by e-mail. 3.2 If new travel documents have to be issued for reasons for which Uwe Krauß is not responsible, we will charge a processing fee of $20 per replacement document.
rebooking, service and price changes
4.1 If, at the request of the applicant or another participant of the trip, changes are made after the booking of the trip with regard to the travel date, the travel destination, the accommodation or the mode of transport up to 30 days before the start of the trip (rebooking), Mr. Uwe Krauß is entitled to charge a processing fee of $25 per participant of the trip. If such a rebooking results in higher travel prices for fellow travelers, the price difference is to be paid by the traveler. Rebookings that are made after the deadline of 30 days before the start of the trip are generally considered a cancellation with subsequent re-registration. Rebookings must be communicated to Mr. Uwe Krauß in writing by e-mail or by telephone before the start of the trip. 4.2 The tour operator is entitled to change individual services for organizationally necessary and unforeseeable reasons. The tour operator will inform the tour participant immediately of the service changes and offer him an alternative free rebooking or free cancellation with a declaration period of ten days, provided that the changes are not merely minor. A right of termination of the tour participant remains unaffected. 4.3 If the agreed departure date is more than 4 months after the conclusion of the contract, the Organizer reserves the right to increase the contractually agreed tour price to take into account an increase in taxes for certain services. The price increase request is only permissible up to the 21st day before the agreed departure date. A price change is only possible to the extent that demonstrable changes in the price of the portion of the charges stated in the invitation to tender or in the exchange rates applicable to the trip have an effect on the concretely calculated portion of the contractually agreed price of the trip. Both in the case of a price increase of more than 5% of the travel price and in the case of a significant change in an essential travel service, the traveler can withdraw from the contract or, as in the case of a permissible cancellation of the trip by Mr. Uwe Krauß, demand participation in another trip of at least equal value, if Mr. Krauß is in a position to offer such a trip from his offer without additional charge. The traveler is obligated to assert these rights immediately upon receipt of the change notification to the organizer. We recommend the written form for this purpose. 4.4 Until the start of the trip, the traveler can be replaced by another suitable person after notifying Mr. Uwe Krauß. The processing fee is $50 per person. For changes that are made after the travel documents have already been prepared, we are entitled to charge the additional costs incurred, but at least $50 per person. 4.6 In all cases of rebooking as well as changes in services and prices, the travel customer is at liberty to prove that costs have not been incurred or are significantly lower.
Withdrawal on the part of the participant
The participant may withdraw from the trip at any time before the start of the journey in writing by e-mail to the organizer. The participant is obliged to return any travel documents received to that point. Mr. Krauß is entitled to an appropriate compensation. He is also entitled to claim a lump-sum cancellation fee, which (insofar as no replacement travel participant is provided) per person in per cent of the travel price attributable to them as follows shall be charged:
5.1 For all tourist services of the organizer Uwe Krauß, in particular for the package arrangements, hotel stays with own travel own arrival, train arrivals or rental motorcycle bookings as well as combination bookings with further services like e.g. wellness package (except entrance tickets etc., see clause 5.2) applies:
the reservation fee is non-refundable
if the customer cancels their reservation more than 2 months in advance, they are eligible to a refund of all deposits paid except for the reservation fee
if the customer cancels their reservation less than 2 months in advance, they are eligible to a refund of 50% of deposits paid to that date, minus the reservation fee.
if they cancel their reservation less than 1 month in advance, Uwe Krauß is illegible to keep 100% of deposits made by the customer
5.2 In the case of admission tickets for sightseeing, events, etc. are generally not returnable or exchangeable. 5.3 In the case of rental motorcycles, a refund is not possible in the case of premature return of the motorcycle is not possible.
Cancellation on behalf of the tour operator
6.1 If an expressly advertised minimum number of participants is not reached, Mr. Uwe Krauß is entitled to cancel the trip up to 30 days before the start of the trip. In this case, any travel price already paid will be refunded immediately. 6.2 If, after exhausting all possibilities, it is not reasonable for Mr. Uwe Krauß to carry out a trip because the number of bookings for this trip is so low that the costs incurred in relation to the trip are not covered, he is entitled to cancel this trip up to 30 days before the start of the trip. A right of withdrawal is excluded if Mr. Krauß is responsible for the circumstances leading to the withdrawal or is not able to prove these circumstances. If the travel participant does not make use of the substitute offer, he will be reimbursed the paid travel price. 6.3 Mr. Krauß is entitled to withdraw from the travel contract without notice if either the traveler disturbs the execution of the trip so significantly or behaves so contrary to the contract that the immediate cancellation of the contract is also justified for the protection of other fellow travelers.
Cancellation of the contract due to extraordinary circumstances
7.1 If the trip is unforeseeably made considerably more difficult, endangered or impaired after the conclusion of the contract due to force majeure, which also includes the destruction of accommodations or similar incidents, both contracting parties may cancel the travel contract. In the event of cancellation before the start of the trip, the travel participant will be refunded the paid travel price without delay. A further claim does not exist. Mr. Uwe Krauß may demand payment for services already rendered. 7.2 If the aforementioned circumstances arise after the start of the trip, the travel contract can also be terminated by both parties. In this case, Mr. Uwe Krauß will take the measures necessary as a result of the cancellation of the contract. If the contract is cancelled for the aforementioned reasons, Mr. Krauß has a claim for compensation for travel services already rendered or still to be rendered.
liability
8.1 The contractual liability of Mr. Uwe Krauß for damages that are not bodily injuries is limited to the travel price, insofar as the damage was not caused intentionally or by gross negligence. 8.2 Mr. Krauß is liable up to $5.000 per customer and trip for claims for damages due to property damage, which have their cause in a culpable (i.e. intentional or grossly negligent) tortious act, as far as the damage was not caused intentionally or grossly negligent. In all other respects, the legal regulations apply. 8.3 In case of vehicle rental, the customer is also liable to Mr. Krauß for all damages which occurred as a result of reproachable faulty, careless or unsuitable security measures in case of lightning, thunderstorm or similar events of force majeure. 8.4 As long as the vehicle is not used by them, the customer has to exercise the duty of care for theft and damage protection on his own responsibility. When leaving the vehicle, the customer must take the vehicle keys and documents and keep them inaccessible to unauthorized persons. The customer is obliged to report any complaints immediately after taking over the vehicle.
9 Warranty/Compensation 9.1 If the trip is significantly impaired due to a defect, the traveler may reduce the tour price or terminate the contract. The termination is only permissible if Mr. Uwe Krauß has allowed a reasonable period of time determined by the tour participant to elapse without remedying the situation. The obligation to set a deadline does not apply if remedial action is objectively impossible or if the termination of the contract is justified by a special interest of the travel participant. In addition, he may claim damages for non-performance; as a rule, however, only if the travel defect is so substantial that a reduction of the travel price of at least 50% is justified. 9.2 The right to assign any claims for damages and warranty claims of the travel participant arising from the trip, regardless of the legal grounds, to third parties - including spouses - is excluded. Also excluded is the judicial assertion of claims of other travel participants in their own name.
Duty to cooperate
10.1 The travel participant is obligated to bring his complaint to the attention of the tour guide immediately after becoming aware of it. Remedial action will be taken there if possible. If the travel participant fails to report a defect, a claim for reduction and damages shall not arise. 10.2 In the case of hotel stays, any complaints must be reported immediately and on site to the landlord (vis-à-vis the hotel). If necessary, the travel participant must report any unrepaired defects to the organizer, Mr. Uwe Krauß, immediately and on site.
exclusion periods for claims and statute of limitations
11.1 Claims due to non-contractual performance of the tour must be asserted by the tour participant in writing to Mr. Uwe Krauß within one month after the contractually stipulated end of the tour; an e-mail is sufficient. Claims for tortious liability must be asserted against Mr. Uwe Krauß within 6 months after the contractually stipulated end of the trip. After the expiration of the deadline, claims can only be asserted if the traveler was prevented from compliance through no fault of his own and has proven this. 11.2 The traveler and Mr. Uwe Krauß agree on a limitation period of one year for contractual claims of the traveler. Claims arising from tortious liability shall become time-barred within three years. The limitation period begins on the day on which the trip should end according to the contract.
Other provisions and agreements
12.1 These terms and conditions apply unless individual agreements are made in the individual travel contracts. 12.2 The data provided to us will be processed, stored and passed on by computer within the scope of the purpose of the contract. Personal data will be protected in accordance with the Federal Data Protection Act. 12.3 Obvious printing and calculation errors entitle Mr. Uwe Krauß to contest the travel contract. 12.4 Complaints must be made immediately in writing to Mr. Uwe Krauß, Pfeiffersberg 21, D-96523 Steinach, Germany; an e-mail is sufficient. 12.7 German law shall apply. 12.8 If individual clauses of the above provisions are invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes as close as possible in economic terms to the meaning and purpose of the invalid provision in a legally effective manner. The same shall apply to any loopholes. 12.9 The above provisions shall only be valid if and to the extent that statutory provisions coming into force after publication do not provide for other provisions. 12.10 These terms and conditions correspond to the status October 2023 and apply to all booked travel products with a booking date from 01.10.2023.
Status: October 2023