Status: July 2022
The following General Terms and Conditions of Travel govern the contractual relationship between us, trouvel tours & travel gmbh (“Tours & Travel”) as tour operator, and you as customer. Therefore, please read these conditions carefully!
1. registration and conclusion of the travel contract
With the booking (travel registration), the customer offers Tours & Travel the binding conclusion of a travel contract. The basis of this offer are the General Terms and Conditions of Travel, the tour descriptions and the supplementary information of Tours & Travel for the respective tour, insofar as this is available to the customer.
Travel agents (e.g. travel agencies) and service providers (e.g. hotels, transport companies) are not authorized by Tours & Travel to make agreements or assurances that change the agreed content of the travel contract, go beyond the contractually agreed services of Tours & Travel or contradict the tour description.
The customer’s registration can be made orally, in writing, by telephone, by fax or electronically (e-mail, Internet). In the case of electronic bookings, Tours & Travel will confirm receipt of the booking electronically without delay. This confirmation of receipt does not yet constitute confirmation of acceptance of the booking order.
Insofar as the booking was also made for fellow travelers by the customer, he is responsible for all contractual obligations of the fellow travelers, in addition to his own, insofar as he has assumed this obligation by express and separate declaration. For minors, the application must be signed by the parent or guardians.
The contract is concluded with the acceptance of the registration by Tours & Travel and is confirmed to the client with the tour confirmation on a durable medium (only in the case of Art. 250 § 6 I S. 2 EGBGB in paper form). Permanent data carrier can be an e-mail or an e-mail attachment. With the travel confirmation, the customer receives the legally required security certificate.
If the content of the tour confirmation differs from the content of the registration, a new offer by Tours & Travel shall be made in compliance with the pre-contractual information obligations. The travel contract is concluded on this new basis when the customer declares acceptance or indicates that he accepts the travel contract on the new basis by paying the deposit or the travel price.
2. payment of the trip
Upon receipt of the booking confirmation and the security certificate, a deposit in the amount of
a) 20 % of the travel price is due, if there are at least 90 days between the booking date and the start of the trip or
b) 100 % of the travel price is due in all other cases.
The remaining travel price for a) is due 28 days before the start of the trip and is to be paid without being asked, provided that the security certificate has been handed over and it is certain that the trip will be carried out, in particular that it can no longer be cancelled in accordance with section 7.
If the client does not pay the deposit and/or the balance according to the agreed payment due dates, Tours & Travel is entitled to withdraw from the tour contract after issuing a reminder with a deadline and to charge the client with withdrawal costs according to section 4.
3. services, changes in services after conclusion of the contract
The scope and nature of the contractually owed services are derived from the service descriptions in the travel descriptions and from the information in the travel confirmation. Tours & Travel reserves the right to unilaterally change contractual conditions other than the tour price after conclusion of the contract if the changes are insignificant and are not brought about in bad faith. The organizer shall inform the customer of the change in a clear, comprehensible and prominent manner on a permanent data carrier (e.g. by e-mail, SMS). The change is only effective if it meets these requirements and is declared before the start of the trip.
If Tours & Travel can only provide the tour due to a circumstance occurring after conclusion of the contract with a significant change in one of the essential characteristics of the tour services (Art. 250 No. 1 EGBGB) or only with a deviation from special specifications of the customer that have become part of the contract, the organizer can offer the customer the corresponding change in services and demand that the customer within a period determined by the organizer, which must be reasonable, (1) accepts the offer to change services or (2) declares his withdrawal from the contract. The offer for such a change in the contract cannot be made after the start of the trip. In its offer to change the service, Tours & Travel may also offer the client the option of participating in another package tour (substitute tour), about which it must inform the client in accordance with Art. 250 § 10 EGBGB. After the expiration of the period determined by the organizer, the offer to change the contract is considered accepted.
If, however, the customer withdraws from the contract within the meaning of the previous paragraph after (2), § 651h para. 1 p. 2 and para. 5 BGB shall apply accordingly; claims of the traveler pursuant to § 651i para. 3 No. 7 BGB remain unaffected. If the customer accepts the offer to change the contract or to participate in a substitute trip and the trip is not of at least equivalent quality compared to the originally owed, § 651m BGB applies accordingly; if it is of equivalent quality, but associated with lower costs for the organizer, with regard to the difference § 651m para. 2 BGB shall apply accordingly. If the organizer is obliged to refund the travel price as a result of the customer’s withdrawal, the organizer must make payment immediately, and in any case within 14 days of the withdrawal.
4. withdrawal by the customer before the start of the trip / cancellation costs
The customer can withdraw from the travel contract at any time before the start of the trip. The date of receipt of the declaration of withdrawal by Tours & Travel at the address given below is decisive. The customer is recommended to declare the withdrawal in writing or electronically (by e-mail). If the customer withdraws from the tour contract or does not start the tour, Tours & Travel loses the claim to the agreed tour price, but can demand reasonable compensation. For this purpose, Tours & Travel has set the following flat rates for compensation, which are determined according to the period between the declaration of withdrawal and the start of the tour, the expected saving of expenses by Tours & Travel and the expected acquisition through other use of the travel services as a percentage of the tour price, depending on the date of withdrawal by the client, as follows:
until 30. day before travel start 20
from the 29th to the 21st day before the start of the trip 30%.
from 20th to 14th day before the start of the trip 45 %.
from the 13th to the 7th day before the start of the trip 75%.
from the 6th day before the start of the trip 90%
in the event of non-commencement of the trip 100%.
The following special conditions apply to all bike & ship trips:
up to 90. day before travel start 20
from 89th to 42nd day before departure 50%.
from 41st to 28th day before the start of the trip 70%.
from the 27th to the 15th day before the start of the trip 90%.
from the 14th day before the start of the trip and in case of no-show 100%.
The client is free to prove that Tours & Travel did not incur any damage at all or only in a significantly lower amount than the respective flat rates.
The legal right of the customer, according to § 651e BGB, to provide a substitute person remains unaffected by the above conditions.
Tours & Travel can advise the client on travel cancellation insurance or insurance to cover the cost of assistance including repatriation in the event of accident, illness or death as a so-called insurance tip.
The customer has no legal right to make changes to the travel date, the destination, the place of departure, the accommodation, the mode of transportation or any additional services (rebooking) after conclusion of the contract. If a rebooking is nevertheless made at the request of the customer, Tours & Travel will charge a rebooking fee of € 50 per rebooking up to 45 days before the start of the tour. The client can prove that Tours & Travel has incurred no damage or only less damage than the flat rate mentioned. Rebooking requests that are made later than 45 days before the start of the trip can, if their implementation is possible at all, only be carried out after withdrawal from the travel contract in accordance with paragraph 4 to the conditions and simultaneous new registration. This provision of clause 5 does not apply if the rebooking is necessary exclusively because Tours & Travel did not provide the customer with any, insufficient or incorrect pre-contractual information according to clause 5. Article 250 § 3 EGBGB has given. In this case the rebooking is free of charge.
5.a. Short term bookings
Tours & Travel is entitled to charge an expense surcharge of 50 euros for bookings made at short notice. Short-term bookings are those where there are less than 14 days between the date of receipt of the booking and the start of the trip.
6. services not used
If the client does not make use of travel services offered by Tours & Travel in accordance with the contract as a result of premature return, illness or other reasons for which the client is solely responsible, the client shall not be entitled to a pro rata refund of the tour price.
7. withdrawal and termination by the organizer
Withdrawal if the number of participants is not reached
Tours & Travel may withdraw from the contract and cancel the trip due to failure to reach the minimum number of participants if it has specified the minimum number of participants in the respective pre-contractual information (e.g. travel brochure) and the time by which the customer must have received the declaration before the contractually agreed start of the trip at the latest, and the minimum number of participants and latest cancellation deadline in the travel confirmation. Cancellation must be made no later than 28 days before the start of the trip.
Tours & Travel may also withdraw from the contract before the start of the tour if it is prevented from fulfilling the contract due to unavoidable, extraordinary circumstances. It must then declare its withdrawal immediately after becoming aware of the reason for withdrawal.
If Tours & Travel withdraws from the tour contract for the aforementioned reasons, it loses the claim to the agreed tour price. Payments made on the tour price will be refunded to the client by Tours & Travel without delay, at the latest within 14 days after the cancellation.
Termination for reasons of conduct
Tours & Travel may terminate the travel contract without notice if the traveler, despite a warning by Tours & Travel, persistently disturbs or if he behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified. If Tours & Travel terminates the contract thereafter, it shall retain the claim to the tour price; however, it must take into account the value of the saved expenses as well as those advantages it gains from an alternative use of the unused service, including the amounts credited to it by the service providers.
8. cooperation obligations of the customer
The client must inform Tours & Travel immediately if he does not receive the required travel documents (e.g. flight ticket, hotel vouchers) within the period communicated by Tours & Travel or if the documents contain incorrect information or data.
Arrive on time at the place of departure
The customer is personally responsible for his timely appearance at the place of departure.
Notice of defects
The customer must immediately report any defects that occur to the tour guide or at the address given below and request a remedy within a reasonable period of time. If Tours & Travel was unable to provide remedy as a result of a culpable omission of the notification, the customer is not entitled to assert the rights specified in § 651m BGB or to claim damages according to § 651n BGB. If the customer demands remedy, the travel defect is to be eliminated. Tours & Travel may refuse the remedy if it is impossible or involves disproportionate costs, taking into account the extent of the travel defect and the value of the affected travel service. It may remedy the situation by providing a substitute service of equal or greater value. If it can refuse to remedy the defect and if the defect affects a significant part of the travel services, it must offer a remedy in the form of appropriate substitute services.
The customer will be informed about the availability of the tour guide or the tour operator in the service description and the travel confirmation. The tour guide is instructed to take remedial action if this is possible. However, it is not authorized to recognize claims of the customer.
Setting a deadline before termination
If a tour is significantly impaired due to a defect and Tours & Travel does not provide a remedy within a reasonable period of time, the customer may terminate the tour contract. The determination of a deadline by the customer is only not required if the remedy is refused by Tours & Travel or if the immediate remedy is necessary. If the contract is terminated by the customer, Tours & Travel retains the claim to the agreed tour price with regard to the tour services provided and those still to be provided at the end of the package tour; claims of the customer according to § 651i para. 3 No. 6 and 7 BGB remain unaffected. With regard to the tour services that are no longer to be provided, Tours & Travel shall no longer be entitled to the agreed tour price; payments already made in this respect shall be refunded to the client.
9. limitation of liability
The passenger is responsible for compliance with the road traffic regulations.
The contractual liability of Tours & Travel for damages that are not bodily injuries and are not culpably caused is limited to three times the tour price. This limitation of liability does not apply to claims given under the Montreal Convention for the loss of baggage.
10. passport, visa and health requirements
Tours & Travel informs the client about passport and visa requirements of the destination country, including the approximate deadlines for obtaining visas as well as health formalities (e.g. vaccinations and certificates required by the police) that are necessary for the trip and stay.
The customer is responsible for obtaining and carrying the necessary travel documents, required vaccinations and must ensure that his passport or ID card has sufficient validity for the trip. Tours & Travel is not liable for the timely issuance and receipt of necessary visas by the respective diplomatic representation, unless Tours & Travel has been commissioned with the procurement of the visas and has violated its own obligations and is responsible for the resulting delay.
11. data protection
12. bonus program Tours & Travel Tournalists
The customer can participate in the bonus program at his own request. The request must be specified in writing at the time of booking. Tours & Travel will then grant the currently valid bonus. In return, the customer undertakes to submit an evaluation in the Climate Forest Tours & Travel after the tour. In addition, the customer sends at least. a picture and a comment about an experience by email to Tours And Travel. The customer assures to the best of his knowledge that he owns all rights to the image and text. He grants Tours And Travel with transmission the right to use image, text and name for information and promotional purposes of the tour on the Internet on tours-and-travel.com and the associated accounts on google, facebook, instagram. Any use beyond this or passing on to third parties is excluded. The consent can be revoked in writing at any time.
The program is designed for individuals or small groups. They are each considered as one customer.
The program is – according to the current announcements on the site tours-and-travel.de – also available for larger groups. In this case, it applies to each participating person in the group paying the full price of the trip / pers.
13. miscellaneous and notes
The entire contractual and legal relationship between the client and Tours & Travel shall be governed exclusively by German law. Insofar as the customer is a merchant or a legal entity under private or public law or a person whose place of residence or habitual abode is abroad, or whose place of residence or habitual abode is unknown at the time the action is brought, the place of jurisdiction is agreed to be the registered office of Tours & Travel.
The invalidity of individual provisions does not result in the invalidity of the entire travel contract.
The European Commission provides an online dispute resolution (ODR) platform for the out-of-court settlement of consumer disputes for contracts concluded in electronic commerce, which the customer can find at ec.europa.eu/consumers/odr/. Dispute resolution proceedings before a consumer arbitration board: Tours & Travel does not participate in dispute resolution proceedings before a consumer arbitration board and is also not legally obligated to participate in such dispute resolution proceedings. An internal complaints procedure does not exist.
Tours & Travel Ltd.
Managing Director: Maria Ruch
PO Box 12 06 15
Phone: +49 6221 33 70 780
Local Court Mannheim HRB 743875
Sales tax ID acc. § 27a UStG: DE 287011966
Note: We apply a special rule for tour operators in the EU, see § 25 UStG.
Main features of the service: travel arrangement
Tour operator liability insurance: AXA Versicherung AG, Heidenkampsweg 98, 20097 Hamburg, Germany
Area of validity of the insurance: worldwide
German law shall apply to the travel contract (see clause 12).