Terms of Service

 

General terms and Conditions

 

1. Conclusion of the contract

1.1. With the travel registration The guest offers the organiser the conclusion of a contract on the basis of the travel invitation, all supplementary information in the booking basis and these travel conditions binding. The registration can be made in writing, by fax or by e-mail. If the travel registration is made electronically, the organizer immediately confirms the receipt of the booking. This confirmation does not yet constitute confirmation of acceptance of the contract. The contract is concluded with the booking confirmation to the traveller. At or immediately after conclusion of the contract, the traveller receives a written copy of the booking confirmation. The organizer is not obligated to do this if the booking is made by the customer less than 7 calendar days before the start of the journey.

 

1.2. If the content of the travel confirmation differs from the content of the application, a new offer is available to the organizer, to which he is bound for a period of 10 days. The contract is concluded on the basis of this new offer, if the guest declares the acceptance of the tour operator by Express declaration or performance of the payment in the binding period.

 

1.3. The notifying Parties shall be liable for all obligations of participants in the contract, provided that he has accepted this obligation by express written declaration.

 

2. Performance obligations of the organizer

2.1. The performance obligation of the Organiser shall be determined in particular from the contents of the booking confirmation in connection with the prospectus valid at the time of the journey or the invitation to tender in accordance with all the information contained therein and Explanation.

 

2.2. The information contained in the invitation to tender shall be binding on the organiser. However, in accordance with § 4 para 2 BGB InfoVO, the Organizer expressly reserves the right to declare a change of the invitations to tender before the conclusion of the contract for objectively justified, significant and unforeseeable reasons before the end of the agreement. . In particular, this concerns the increase of the travel price due to the increase in transport costs.

 

2.3 Changes and deviations of individual travel services from the agreed content of the contract, which are necessary after the conclusion of the contract and not brought about in good faith, are permitted, insofar as the changes or deviations are not significant and the Not affect the overall cut of the booked trip. Any warranty claims shall remain unaffected if the changed services are subject to defects. The organiser is obligated to inform the guest immediately of any significant changes in performance or deviations. If necessary, the organiser will offer the traveller a free rebooking or a free rescission.

 

2.4. With the conclusion of the contract and, if necessary, the delivery of the travel safety certificate, a deposit is to be charged, which is credited to the travel price. Unless otherwise agreed in individual cases, this is 20% of the total price per person.

 

2.5. The remaining payment shall be due 4 weeks before the start of the journey, unless otherwise agreed in the individual case. For bookings shorter than 4 weeks, the travel price is immediately payable.

 

3.3. The security note shall not be handed out, notwithstanding paragraph 3.1, if

A) The journey does not last longer than 24 hours, does not include Accomondation and the travel price does not exceed €75.00/per person or

b) If the travel service does not include transport to and from the destination and after the payment association agreements with the guest, the total price will not be due until the end of the journey.

 

3. Withdrawal from the contract

3.1. The guest may withdraw from the contract at any time by declaration to the organizer. Decisive for the

Cancellation is the entrance to the organizer. The guest is advised to declare the withdrawal in writing.

3.2. In any case of withdrawal, the organizer shall be entitled to the following lump-sum compensation, taking into account normally saved expenses:

 

Up to 8 days before the start of the journey 50%,

From 2 days before the start of the journey and 100% for non-arrival

 

3.3. The guest is allowed to prove to the organiser that they have actually incurred no or low costs than the claimed travel package. In this case, the traveller is only obligated to pay the actual costs.

 

3.4. The guest is strongly advised to conclude a travel resignation cost insurance!

3.5. Bad weather and associated inconvenience do not constitute a free right of withdrawal.

  

5. Obligations and cancellation of the passenger

5.1. The guest must immediately notify the Organiser or the representative referred to in the travel documents and request a remedy. Claims of the traveller shall not be incurred unless the complaint through no fault to the traveller is kept.

5.2. If the journey is significantly impaired due to a lack of travel, the traveller may enter into the contract in accordance with the legal provisions

(§ 651eBGB). The termination is only permissible if the organiser or its representative has a specific

Reasonable period has elapsed without remedy. The determination of a time limit is not necessary if the remedy is impossible or is refused by the RV or his agent or if the immediate termination of the contract is justified by a special interest of the traveller.

5.3. Claims for non-contractual provision of the journey shall be made by the guest within one month after the contractually scheduled date of termination of the journey. The claim can only be made in respect of the organizer at the address indicated below. After Schedule of the period, the customer can only assert claims if he has been prevented from complying with the deadline without fault.

 

6. Liability

6.1. The contractual liability of the organizer for damages that are not bodily damage is limited to the triple travel price, as far as

A) damage caused by the traveller is neither intentional nor grossly negligent, or

b) The organiser is responsible for any damage caused to the Traveller solely because of the fault of a service-holder.

6.2 The organiser is not liable for performance disturbances in connection with services which are only conveyed as external services and which are explicitly marked as external services in the specific service description. However, the organizer is liable

A) for services which transport the customer from the advertised point of departure of the journey to the advertised destination, between transport during the journey and the accommodation during the

         Trip.

b) if and to the extent that the customer's damage has been caused by the breach of the organizer's notice, reconnaissance or organisational obligations.

 

7. Special Information Canoe Trips   

7.1. The traveller is obliged to pay careful attention to the "important notices" sent to him in good time before the beginning of the journey.

7.2. For trips where canoes are used, all participants over the age of 8 must be able to swim.

7.3. For the traveller on a canoe trip, even if they can swim, the wearing of life jackets is strongly recommended. For children under the age of 8, wearing a life vest according to en-Norm 100 (life vest with collar) is obligatory.

7.4. In a canoe trip, it is forbidden to stop, Ramm, push, swing or capsize other canoes while driving, or to hinder the canoe and/or its occupants in any other way.

7.5. The traveller must comply with all official regulations or requirements, in particular also warning and signs. Instructions for circumventing obstacles, rapids, weirs, etc. must be followed exactly.

7.6 There is an alcohol ban before and during the tour according to the regulations of the road Traffic law.

7.7. The traveller is obligated to treat the canoes and the equipment carefully and with care.

7.8 It is requested to avoid any impairment of animal and plant life. It goes without saying that rubbish is not to be left in the landscape. Outdoor Accomondation is only allowed on designated camping and Biwakplätzen.

 

8. Cancellation and termination by the organizer 

8.1. The Organizer May terminate the contract if the guest permanently interferes with the execution of the contract, irrespective of a warning, or if he behaves in such a breach of contract that the immediate cancellation of the contract is justified. If the organizer announces, he reserves the right to the total price; However, he must be credited with the value of saved expenses as well as those benefits which he obtains from any other use of the service, including any sums credited to him by the service providers.

8.2 In the event of failure to reach a minimum number of participants specified in the specific travel invitation or agreed with the group Contracting Party, the organizer may withdraw from the travel contract in accordance with the following provisions

A) The minimum number of participants is indicated in the booking confirmation or referred to in the corresponding information in the travel invitation.

b) The organiser is obligated to inform the Traveller or the group principal as his representative of the cancellation of the journey without delay, if it is clear that the journey is not carried out due to failure to reach the minimum number of participants.

c) a withdrawal from the Organizer Later than 14 days before the start of the journey is not permitted.

d) In the event of a cancellation, the guest may request to participate in a different journey at least equivalent if the organiser is able to offer such a trip without additional price for the traveller from their offer. The guest has this right immediately after the declaration of cancellation of the journey against the Organizer The applicant.

 

9. Limitation Period

9.1. Claims of the travel participant against the organiser, irrespective of the legal reason – but with the exception of the claims of the traveller from tort, as well as those due to bodily and health damages-lapse after one year from the contractual Return date. If the guest and the organiser are able to negotiate the claims or the circumstances justified by the organizer, the limitation period shall be suspended until the guest or the organizer refuses to continue the negotiations. The aforementioned limitation period of one year shall not occur until three months after the end of the inhibition.

 

10. Place of jurisdiction and choice of law

10.1. The traveller can only sue the organiser at their registered office. Only German law applies to the entire legal and contractual relationship between the organiser and the passengers who do not have a general domicile or place of business in Germany.

10.2. For actions of the organizer against the traveller the domicile of the traveller is authoritative, unless the complaint is directed against full merchants, jur. Persons of public law or persons who have their domicile or habitual residence abroad, or whose domicile or habitual residence is not known at the time of bringing an action. In these cases, the seat of the RV is authoritative.   

 

Organizer:

Beaver-Canoe-Warnow
Amanda Maher
Courtyard 10
19412 Wide Village

Phone: 49 (0) 152/27178028
Mail: contact @ biber-Canoe-Warnow. D

 

Status: March 2017