§ 1. Registration / conclusion of the package holiday contract
1.1 With the travel registration of the travel customer, Elbe Rad Touristik GmbH offers the binding conclusion of a package holiday contract. The registration can be made in writing or electronically. The contract is concluded upon receipt of the travel confirmation (declaration of acceptance) by Elbe Rad Touristik GmbH at the customer. Acceptance requires no specific form.
Upon or immediately after conclusion of the contract, Elbe Rad Touristik GmbH will provide the travel customer with a travel confirmation.
1.2 If the content of the travel confirmation differs from the content of the registration, Elbe Rad Touristik GmbH will submit a new offer to which Elbe Rad Touristik GmbH is bound for a period of 10 days. The contract is concluded on the basis of this new offer, if the customer explicitly declares the acceptance or makes a down payment or the travel price within the binding period of 10 days of Elbe Rad Touristik GmbH.
1.3 The customer shall be responsible for all contractual obligations of fellow travelers for whom he makes the travel booking, aswell as for his own if he has accepted this obligation by explicit and separate declaration.
§ 2. Payment
2.1 According to the new provision of § 651k BGB, the customer receives a security certificate in accordance with the provisions of § 651k BGB to secure the travel price in case of insolvency of Elbe Rad Touristik GmbH. The terms of payment of this regulation apply analogously.
2.2 Upon receipt of the travel confirmation (conclusion of contract) and the simultaneously sent security certificate, a down payment of 20% of the travel price, but at least 50, - € per person is due, but not more than 250, - € per person. The payment date is stated in the travel confirmation / invoice.
2.3 The final payment is due four weeks before the start of the journey. For short-term bookings (less than four weeks before departure), the whole travel price is due immediately. As soon as the full travel price has been received by Elbe Rad Touristik GmbH, the customer will receive the travel documents.
2.4 If the travel has been booked in a travel agency, the customer will pay the deposit and the balance there as well. If the trip has been booked directly at the Elbe Rad Touristik GmbH, the customer will pay the balance and the final payment by bank transfer with the invoice number to one of the accounts of Elbe Rad Touristik GmbH.
2.5 If the customer falls behind with the down payment or the final payment, Elbe Rad Touristik GmbH shall be entitled, following a reminder with unsuccessful deadline for payment and threat of withdrawal, to withdraw from the contract and demand compensation in the amount of the agreed compensation flat rate.
§ 3. Performance and price changes
3.1 The services included in the tour price are described on the respective tour. The travel price includes the value-added tax valid at the time of printing (subject to change). Furthermore, Elbe Rad Touristik GmbH reserves the right to correct mistakes, printing and calculation errors.
3.2 Changes to single travel services from the agreed content of the package holiday contract, which become necessary after conclusion of the contract, are only permitted if the changes are not significant and do not affect the overall layout of the booked travel.
A statement about changes of travel services can only be made before the start of the journey. Elbe Rad Touristik GmbH is obligated to immediately inform the customer about changes, as soon as he gets knowledge of the reason for the change.
3.3 In the case of a substantial contract change, Elbe Rad Touristik GmbH also informs about the effects of the change on the travel price pursuant to § 651g III p. 2 BGB. Significant changes cannot be made without the consent of the travel customer; reference is made to the provisions of §§ 651f and g BGB.
3.4 In accordance with the provisions of §§ 651f and g BGB, Elbe Rad Touristik GmbH reserves the right to raise the agreed travel price in case of increased transport costs (fuel and other energy sources), increase of taxes and other charges for agreed travel services, such as tourist tax, harbour - and airport fees, or a change in the exchange rates applicable to the trip in question as follows: If the existing fees upon conclusion of the package travel contract such as harbour or airport fees and tourist tax increase, the Elbe Rad Touristik GmbH is entitled to pass this increase proportionately onto the travel customer.
a) In the event of a change in exchange rates after conclusion of the package holiday contract, the travel price may be increased to the extent that the travel becomes more expensive for Elbe Rad Touristik GmbH.
b) If there is a subsequent change in the travel price, Elbe Rad Touristik GmbH must inform the travel customer immediately.
3.5 In the event of a significant change in a significant travel service or price increase from the above mentioned reasons of more than 8%, the customer is entitled to withdraw from the contract free of charge or the customer may request participation in a replacement trip.
The customer is entitled to a price reduction if corresponding costs (see also section 3.4) are reduced or changed and this leads to lower costs for Elbe Rad Touristik GmbH.
3.6 Substantial changes to the contract and a price increase of more than 8% are only permitted with the consent of the travel customer. The Elbe Rad Touristik GmbH informs the travel customer about changes to the contract, including the reasons, immediately after becoming aware of the reason for the change. Elbe Rad Touristik GmbH may require the travel customer to accept the offer of a substantial contract modification or price increase by more than 8% or to declare his withdrawal from the contract within a reasonable period determined by Elbe Rad Touristik GmbH.
After expiry of the deadline set by Elbe Rad Touristik GmbH, the offer for a substantial contract change or price increase by more than 8% shall be deemed accepted. The Elbe Rad Touristik GmbH alternatively can offer the travel customer also the participation in a replacement travel.
§ 4. Cancellation by the customer, rebooking, substitute person
4.1 The customer may withdraw from the trip at any time prior to departure. Decisive is the access of the declaration of withdrawal at Elbe Rad Touristik GmbH. The resignation must be made in writing in each case.
4.2 If the customer withdraws from the package holiday contract (cancellation) or does not start the journey, the Elbe Rad Touristik GmbH loses the claim to the travel price, but according to § 651h II BGB can require a compensation flat-rate.
The compensation claim is calculated with the following compensation flat rates. The cancellation costs per travel customer are:
Bike and boat trips
up to 84th day before departure 20%
from 83. to 42. day before departure 30%
from 41st to 28th day before departure 60%
from the 27th to the 4th day before departure 80%
from the 3rd day before .dep. or non-show 90%
at all other cycling and hiking tours
up the 30th day before departure 15%, min. however 50, - €,
from the 29th to the 21st day before departure 30%
from the 20th to the 7th day before departure 50%
from 6 to 1 day before departure 90%
On the day of travel and after arrival, a refund of the travel price is not possible.
The deadline for the calculation is the receipt of the declaration of withdrawal. It remains up to the travel customer to prove that no or a significantly lower damage has occurred than the amount required by Elbe Rad Touristik GmbH.
In the case of the cancellation of the booked part luggage transfer or shuttle transfer only, a processing fee of 20, - € will be charged per booking.
4.3 If the cancellation is made by the travel customer because unavoidable, extraordinary circumstances occur at the place of destination or in its immediate vicinity that significantly affect the performance of the package or the transport of people to the destination, Elbe Rad Touristik GmbH cannot claim compensation and refunds the travel price immediately to the customer. Reference is made to § 651h III BGB.
4.4 Until the beginning of the journey, the customer may demand that instead of him a third party will fulfill and meet the rights and obligations arising from the package holiday contract. Reference is made to the provisions of § 651e BGB. In the case of the contract transfer, the original customer and the substitute participant are jointly and severally liable for the travel price and the additional costs arising from the third party's entry. Elbe Rad Touristik GmbH will charge a rebooking fee of 50, - € p.P.
4.5 When rebooking the travel date, the itinerary, the duration of the trip, the category or another trip, a rebooking fee of 50,- € p.P. will be charged until the 30th day before arrival. Rebooking requests, which are made from the 29th day before departure, can only be fulfilled, if their implementation is feasible at all, only after resignation from the original travel contract to the above-mentioned cancellation flat rates and simultaneous registration.
4.6 In all cases, Elbe Rad Touristik GmbH recommends the travel customer to take out travel insurance and insurance to cover the costs of assistance, including return transport in the event of accident, illness or death (eg ERV - Europäische Reiseversicherung).
§ 5. Cancellation by the tour operator
If Elbe Rad Touristik GmbH has to cancel a trip for reasons that are not within the control of Elbe Rad Touristik GmbH, a refund of the amounts already paid will be made. There are no further claims against the travel organizer.
Should the minimum number of participants for a group travel not be achieved, then Elbe Rad Touristik GmbH can withdraw from the contract according to the deadlines § 651 h IV BGB before the start of the journey. In this case, payments made will be refunded without delay by Elbe Rad Touristik GmbH. Further claims do not exist.
§ 6. Warranty
6.1 If travel services are not provided in accordance with the contract, the travel customer may request a remedy. The defect must be reported immediately to the local tour guide, Elbe Rad Touristik GmbH or the travel agent. However, tour guides are not allowed to accept claims.
6.2 For the duration of a non-contractual provision of the travel, the customer may demand a corresponding reduction of the travel price. The reduction does not occur if the customer culpably fails to report the lack of travel and Elbe Rad Touristik GmbH cannot remedy the situation.
6.3 Services from the trip, which the customer does not use, cannot be reimbursed by Elbe Rad Touristik GmbH.
§ 7. Liability
7.1 Elbe Rad Touristik GmbH is liable as part of a proper merchant for a thorough travel preparation, selection and monitoring of the service providers, the correctness of the description in the prospectus and the proper provision of the agreed travel services.
If required, Elbe Rad Touristik GmbH reserves the right to book rooms in additional houses or to accommodate a whole group in another comparable hotel for booking-related reasons.
The liability of Elbe Rad Touristik GmbH is excluded and limited due to statutory provisions that are applicable to services to be provided by the service provider, whose liability is also limited and excluded.
7.2 For damages that are not physical damages, the liability of Elbe Rad Touristik GmbH is in any case limited to three times the amount of the tour price, if damage to the travel customer is neither intentional nor grossly negligent by the tour operator, or if the organizer causes damage to the travel customer solely responsible for the fault of a service provider.
7.3 Elbe Rad Touristik GmbH is not liable for services that are identified as third-party services and are provided as such by service providers. This applies to carriage by rail, by bus or by ship, where separate conditions of carriage apply.
7.4 Liability for damage to luggage is excluded if such damage was unavoidable due to the age of the item of luggage or due to wear and tear of the item of luggage during carrying or lifting, e.g. damage to the outer shell or torn/broken handle. As part of the transfer of luggage Elbe Rad Touristik GmbH assumes no liability for valuables.
Reference is made to the statutory provisions of § 651p II BGB.
§ 8. Registration of claims & statute of limitations
8.1 Claims for non-contractual provision of travel must be made by the customer to Elbe Rad Touristik GmbH under the address stated under "Tour Operator". The claim to Elbe Rad Touristik GmbH can also be made through the travel agent. It is recommended to make the claim in writing.
8.2 The customer must assert his claims against Elbe Rad Touristik GmbH within one month of the contractually stipulated termination of the trip for non-contractual provision of the travel. After expiry of this period, claims can only be asserted if the customer has been prevented from observing the deadline through no fault of his own.
8.3 Claims of the travel customer due to travel defaults in accordance with § 651i III BGB become time-barred within two years. The period of limitation begins on the day on which the package holiday ends according to the contract.
§ 9 Participation of the travel customer
9.1 The customer is obliged to cooperate in the event of disruptions of performance within the scope of the statutory provisions, in order to avoid possible damages or to keep them low.
9.2 In particular, the customer is obligated to notify his complaints immediately to the local tour guide, to Elbe Rad Touristik GmbH or to the travel agent. If the customer neglects to report a defect, a claim for reduction (§ 651m BGB) and compensation for damages (§ 651n BGB) does not arise, as far as the Elbe Rad Touristik GmbH was unable to remedy the defect. This only applies if the report is visibly hopeless or unreasonable for other reasons.
9.3 Important for the success of the journey is: An active (i.e. cycling or hiking) trip requires the travel customer's personal participation. For example, he has to master the bike in traffic, on dirt roads and in the wet and dark. Responsibility for compliance with the road traffic regulations is borne by the customer himself.
9.4 In the special case, we ask, if necessary, to have a doctor assess whether the customer is capable/fitted to the requirements of such a journey. He is responsible for damages caused to the customer or others.
§ 10 Passport, visa and health regulations
10.1 Elbe Rad Touristik GmbH is committed to providing travel customers with pre-contractual information on the provisions of passport and visa requirements (including the approximate time limit for obtaining visas) as well as any changes they may have prior to departure.
10.2 The customer is responsible for complying with all passport, visa and health regulations that are important for the travel. All disadvantages, in particular the payment of cancellation costs, which arise from the non-compliance with these regulations, shall be borne by him, except if they are caused by a culpable misinformation or non-information of Elbe Rad Touristik GmbH.
§11 Choice of law and jurisdiction
11.1 The contract and the legal relationship between the travel customer and Elbe Rad Touristik GmbH are exclusively subject to German law.
11.2 The jurisdiction of Elbe Rad Touristik GmbH is the registered office in Magdeburg.
11.3 The customer's place of residence shall be decisive for actions by Elbe Rad Touristik GmbH against the travel customer, unless the action is directed against fully-fledged persons or persons who do not have a general place of jurisdiction in Germany or against persons who after the conclusion of the contract have their residence or habitual residence abroad, or whose domicile or habitual residence is unknown at the time of filing of the claim. In these cases, the location of Elbe Rad Touristik GmbH shall prevail.
§ 12 arbitration procedure
Elbe Rad Touristik GmbH does not participate in a dispute resolution procedure before a consumer arbitration board. Insofar as the participation in a consumer dispute settlement becomes obligatory after the printing of these terms and conditions, Elbe Rad Touristik GmbH will inform the travel customer. For information purposes, the following online dispute resolution platform is indicated for package holiday contracts concluded in electronic commerce:
§13 Other provisions
13.1 The information in this prospectus is correct as of the date of printing. Verbal collateral agreements that have not been confirmed by us in writing have no validity. The invalidity of individual provisions of these conditions does not result in the ineffectiveness of the entire conditions. Reference is made to § 306 BGB.
13.2 The current status of these conditions are November 2018. Valid until further notice.
13.3 The prices of this catalog are also valid until further notice.
13.4 Unless regulated by the aforementioned provisions, the statutory provisions apply.
13.5 Place of performance and place of fulfilment is Magdeburg.
§ 14 Data protection / Privacy
The protection of personal data of travel customers is protected by Elbe Rad Touristik GmbH. The detailed data protection provisions of Elbe Rad Touristik GmbH and the corresponding rights of the travel customer can be found at: https://www.elbe-rad-weg.de/elberadweg-datenschutzerklaerung.html. Upon request, Elbe Rad Touristik GmbH will also gladly send the data protection regulations to the travel customer in writing.
For mediated travel, the terms and conditions of the respective organizer apply.
Elbe Rad Touristik GmbH
Telephone +49 (0) 391-7 330 334
Fax +49 (0) 391-7 330 335
Amtsgericht Stendal – Sitz Magdeburg
IBAN: DE08810700240114458300 BIC: DEUTDEDBMAG
Christoph Kadlubski & Toralf Büchner