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Travel conditions (T&Cs)

Dear English-speaking customers and travellers,

the following translation of our travel conditions serves solely the purposes of a better understanding. Legally, only the German version is decisive.

Clear contractual provisions form, as far as they are bindingly agreed, an integral part of the travel agreement concluded between the customer  and Velociped Fahrradreisen ("Velociped"). The following travel conditions shall amend the stipulations of §§ 651a-m BGB (Bürgerliches Gesetzbuch – German Civil Code) and of the tour operator’s information obligations according to §§ 4–11 BGB-InfoV (Order on the duties to supply information and evidence by civil law) and shall implement the aforementioned stipulations. Therefore, please read these terms and conditions carefully prior to booking.

1. The position of Velociped as a service intermediary

1.1. Velociped is tour operator of all tours that are labeled as "Velociped-Tour" in the section "Prices & Services" on the Velociped website and in the Velociped catalogue. In case of booking such tour Velociped is your partner of contract. For all other tours that are offered on the Velociped website and in the Velociped catalogue and labeled as "Velociped-Partner-Tour" in the section "Prices & Services" Velociped merely acts as a travel agent.

1.2. When only services are mediated, the contract comes into existence exclusively between the customer, on the one hand, and the service provider, on the other.

1.3. Accordingly, Velociped is not liable for the information provided by the contract partner concerning prices and services, for rendering these services or for damages arising from these services.

1.4. The aforementioned provisions do not apply if – pursuant to the principles of Sec. 651a Para. 2 BGB (Bürgerliches Gesetzbuch – German Civil Code) and the relevant case law regarding the services offered and rendered for the customer – Velociped gives the impression that it renders the travel services provided under contract under its own responsibility.

1.5. Fulfilling the position of intermediary specifically obliges Velociped to:

a) Draw attention to the position of Velociped as an intermediary and state the name of the provider and contractor if a booking takes place relating to an offer to arrange a service.

b) Separately state the price of the service arranged and any brokerage fees to be paid for the price of the package trip.

c) Confirm to the customer the aforementioned information in the form of a booking confirmation, which details the price of the arranged service and the brokerage fees separately.

1.6. Any liability of Velociped arising out of the intermediary contract remains unaffected by the aforementioned provisions.


2. Conclusion of the travel contract/Customer obligations

2.1. The following applies to all booking channels:

a) The description of the package and any additional information contained in the basic booking information, insofar as the customer is in possession of this when making the booking, form the basis of the offer from Velociped and the booking by the customer.

b) Velociped does not authorise travel agents and booking offices to make arrangements, provide information or make assurances that amend the agreed contents of the travel contract, or exceed or are in conflict with the travel offer made or the services contractually agreed upon by Velociped.

c) Information provided in hotel guides and similar directories which Velociped does not publish is not binding for Velociped and Velociped is not obliged to perform unless it has arrived at an express agreement with the customer on the content of its obligation.

d) If the contents of the booking confirmation differ from the contents of the booking, it means that Velociped has made a new offer. The contract is concluded on the basis of this new offer if the customer explicitly declares acceptance of this new offer, makes a deposit, final payment or makes use of the travel services.

e) The customer is liable for all contractual obligations entered into by passengers for whom he makes the booking, as well as for his own obligations, insofar as he has assumed an obligation by making a separate and express declaration.

2.2. The following applies to reservations made verbally, by telephone or by email or fax in writing:

a) By making the booking, the customer agrees to enter into a binding travel contract with Velociped. The customer is bound by the booking for 3 working days.

b) The contract is concluded when the customer receives the booking confirmation (declaration of acceptance) from Velociped. This requires no formal conclusion, the consequence of this being that face-to-face and telephone confirmations are also legally binding for the customer. If the customer makes a face-to-face or telephone booking, Velociped sends a written copy of the booking confirmation to the customer. Face-to-face or telephone bookings made by the customer, with the resulting corresponding and binding face-to-face or telephone confirmation, also result in a binding contract being concluded, even if the customer does not receive a corresponding written copy of the booking confirmation.

2.3. The following applies to contracts concluded for bookings made via electronic commercial transactions:

a) The corresponding website from Velociped explains the procedure to the customer for making the online booking.

b) The customer is provided with an option for correcting or deleting his entries, or resetting the entire online booking form, all of which is explained to him.

c) The various contract languages available for making the online booking are detailed. German is the only language relevant from a legal perspective.

d) The customer is informed if the text of the contract from Velociped is stored in the online booking system, including the possibility of retrieving it later.

e) By clicking the "Book subject to payment now" button, the customer offers to enter into a binding travel contract with Velociped. The customer is bound by this offer to enter into a contract for 3 working days after the electronic declaration is made.

f) The customer receives confirmation of his booking without delay over electronic channels.

g) Submitting the booking by clicking the "Book subject to payment now" button does not mean that the customer is entitled to enter into a travel contract based on the booking details provided. It rather means that Velociped is free to decide to accept the offer of entering into a contract made by the customer or not.

h) The contract comes into existence when the customer receives the booking confirmation from Velociped.

i) If the booking is confirmed immediately by the confirmation being displayed on the screen (booking in real time) once the customer clicks on the "Book subject to payment now" button to make the booking, the travel contract is concluded with the screen-based delivery and presentation of the booking confirmation to the customer, without any intermediate notification concerning the receipt of the booking according to f) being required. In this case, the customer is given an option for saving and printing the booking confirmation. The binding nature of the travel contract does not depend on the customer actually using these options for saving or printing the confirmation, however. Velociped will also send the customer a copy of the booking confirmation by e-mail, as an e-mail attachment, or by mail or fax.

j) Information on consumer dispute resolution: concerning the law on consumer dispute resolution, Velociped points out that the essential provisions of this law had not yet come in force at the time these booking conditions went to print. Velociped does not participate in voluntary consumer dispute resolution. If consumer dispute settlement has become mandatory for Velociped by the time these travel conditions are published, Velociped shall inform consumers in an appropriate form.

For all contracts concluded via legal electronic transactions pursuant to Sec. 2.3., Velociped makes reference to the European online dispute resolution platform at ec.europa.eu/consumers/odr/.

2.4. Velociped points out that pursuant to the statutory provisions (Sec. 312 Para. (2) It. 4, 312g, Sec. 2 Line 1 It. 9 BGB (Bürgerliches Gesetzbuch – German Civil Code) for contracts for travel services pursuant to Sec. 651a BGB (Bürgerliches Gesetzbuch – German Civil Code) (package travel contracts and contracts to which Sec. 651a ff. BGB (Bürgerliches Gesetzbuch – German Civil Code) applies by analogy), which are concluded at a distance (letters, catalogues, telephone calls, copies, e-mail, via messages sent by mobile services (text messages), as well as broadcasting and telemedia), no right of cancellation applies, but merely the statutory rights of withdrawal and termination, and, in particular, the right of withdrawal pursuant to Sec. 651i BGB (Bürgerliches Gesetzbuch – German Civil Code) (cf. also Sec. 6 in relation). A right of cancellation does exist, however, when the contract for travel services pursuant to Sec. 651a has been concluded outside the business premises, unless the negotiations upon which the contract is based were conducted in relation to a previous order made by the consumer; no right of cancellation exists in the latter case either. The aforementioned note also applies insofar as contracts are concluded with Velociped for accommodation services (e.g. hotel rooms) or air services, where Velociped is not the intermediary, but the immediate contractual partner to the customer/traveller.

3. Velociped's obligation to perform

3.1. After conclusion of the contract a down payment of 10% of the Travel Fee, max. € 250,- per person, is due against the surrender of the security note in accordance with § 651 BGB. The remainder of the Travel Fee is due and payable no later than three weeks before the travel begins if the security note has been handed over and if it is certain, the travel cannot be cancelled any more for any reason stipulated in section 9. If the travel is booked less than 3 weeks before the travel begins, the Travel Fee becomes due in full immediately after hand out of the security note.

3.2. If the trip takes no longer than 24 hours, does not include lodging and does not exceed a travel price of €75.00 per customer, the deposit and final payment are due for payment on conclusion of the contract without the issue of a secured payment certificate.

3.3. If the customer does not make the down payment and/or the final payment when due, Velociped is entitled to repudiate from the travel contract after a legal demand with fixing of a time-limit and charge any cancellation costs in accordance with no.6.

4. Modifications of obligation

4.1. Modifications of Velociped’s individual contractual obligations to perform, becoming necessary after taking effect of the Travel Agreement and being not induced by Velociped in breach of good faith, are only permitted to the extent, such modifications are not substantial and do not impair the total set up of the travel. Potential warranty claims remain unaffected as far as any performance of a modified obligation is defective.

4.2. Possible guarantee claims remain untouched, as far as the changed services are faulty.

4.3. Velociped is obliged to immediately inform the customer about any modifications of the performance of obligations.

4.4. In the case of a considerable change of a major service, the customer is entitled to cancel the Travel Agreement at no fees to him or to demand participation in a tour of at least the same value if Velociped is able to offer such a tour from his offer without any extra costs for the customer. The customer has to assert his rights immediately after being informed of the service change by Velociped.

5. Price adjustment

5.1. In case of an increase of transportation costs or an increase of charges for certain services such as port or airport duties or in case of variation of exchange rates, applicable to the respective travel, Velociped reserves the right to modify the Travel Fee agreed in the Travel Agreement as set out below:

5.2. An increase is only permissible if the period between conclusion of the Travel Agreement and the agreed time of travel exceeds four months and if, at the time of conclusion of the Travel Agreement, the circumstances resulting in the increase neither have been existing nor could have been foreseen by Velociped.

5.3. If costs of transportation, and in particular costs of fuel, valid at the time of conclusion of the Travel Agreement, increase, Velociped is entitled to increase the travel fee in accordance with the following stipulations:

a) In case of an increase attributable to a single seat Velociped can charge the amount of increase.

b) In any other case the additional costs charged by the transport provider for the respective means of transportation are divided by the amount of seats of the agreed means of transportation. Velociped can charge to the customer the resulting amount of increase per seat.

5.4. In case of an increase of charges, such as port or airport duties, valid at the time of conclusion of the Travel Agreement, Velociped can increase the Travel Fee on a pro-rata basis.

5.5. In case of variation of exchange rates after conclusion of the Travel Agreement the Travel Fee can be increased in proportion to the resulting increase of costs of the respective travel for Velociped.

5.6. In case of an increase of the Travel Fee after the time of conclusion of the Travel Agreement Velociped has to inform the customer without undue delay. Increases after the 20th day before travel are null and void. In case of increases of the Travel Fee exceeding 5 % the customer is entitled to withdraw from Travel Agreement at no cost to him or to demand the participation in a travel of the equivalent value, if Velociped is able to offer such travel from its travel portfolio without any additional fees to the customer.

6. Rescission through the customer/cancellation costs

6.1. The customer may withdraw from the Travel Agreement at any time before the travel begins. Written notification of withdrawal to Velociped is recommended at the address below. If the tour has been booked via a travel agent, the withdrawal can also be declared to the agency.

6.2. In the case that the customer terminates the Travel Agreement or does not participate in the relevant holiday, Velociped shall lose the right to claim the travel price. Insofar as the termination is not its fault, Velociped shall instead be entitled to claim a reasonable compensation for the travel preparations made and for its efforts expanded. Such compensation shall be dependent on the relevant travel price and shall be calculated at the time of the receipt of the notice.

6.3. Velociped has staggered this right to compensation against time, i.e. by taking into account how close the withdrawal date is to the contractually agreed departure date, as a percentage of the travel price and, in calculating the level of compensation, has taken into account the cost savings involved and any other possible use of the travel services. Compensation is calculated as follows for the customer from the date the notice of withdrawal from the contract is received:

a) For all bike and ship tours:
    84 days and more before the beginning of the journey: 10%
    from 83th to the 42th day before the beginning of the journey: 30%
    from 41th to the 28th day before the beginning of the journey: 60%
    from 27th to one day before the beginning of the journey: 80 %
    at the arrival day and non-participation: 90%

b) For all other tours:
    28 days and more before the beginning of the journey: 10 %
    from 27th to 14th day before the beginning of the journey: 30 %
    from 13th to 08th day before the beginning of the journey: 50 %
    from 7th to 4th day before the beginning of the journey: 70 %
    from 3rd to the arrival day and non-participation: 90 %

6.4. The customer is in any case entitled to provide evidence that Velociped  has not incurred any or incurred less costs in relation to the withdrawal.

6.5. Velociped reserves the right by way of deviation from the above packages, to claim higher, specific damages. In the case that Velociped exercises its right to claim a higher amount of compensation, it shall, in the interest of saving effort, be obliged to set out details relating to its claim and to provide documentary.

6.6. The customer's legal right to place in accordance with § 651 b BGB (Bürgerliches Gesetzbuch – German Civil Code) a substitute participant is not affected by the above conditions.

6.7. We strongly recommend taking out a travel cancellation insurance policy along with insurance to cover the cost of repatriation in the event of accident or illness.

7. Re-booking

7.1. Once the contract has been concluded, the customer has absolutely no claim to changes in the travel date, destination, place of departure, accommodation, type of board, transfer or other services (booking transfer). If the customer requests a booking transfer nevertheless, Velociped is entitled to levy a rebooking fee from each customer affected by the rebooking if the following deadlines are complied with. If nothing else is agreed upon in individual cases prior to confirming the booking transfer, the fee for transfer in each case amounts to € 50.00 per traveller affected up to the date the second cancellation scale begins for the respective type of journey in accordance with the aforementioned provision in Sec. 6.

7.2. Customer requests for re-booking after these deadlines have passed can, if at all possible, be only carried out after withdrawal from the contract according to clause 6.2 and 6.5 and simultaneous new booking. This rule does not apply if the request for re-booking causes only small costs.

8. Unclaimed Services

If the traveller does not make use of certain travel services for reasons of premature return the travel, illness or for other reasons, not in the responsibility of Velociped, no claim for proportionate refund (of the Travel Fee) can be made. Velociped will try to seek reimbursements for the saved expenditures from the relevant operator. This obligation does not apply to completely negligible services.

9. Rescission and cancellation due to non-attainment of the minimum number of participants

9.1. Velociped may, if the published minimum number of participants is not attained, withdraw from the Travel Agreement in accordance with the following stipulations:

a) The number of minimum participants as well as the latest date of possible cancellation have to be clearly stated in the travel confirmation or reference is made to the respective travel description where such information is stated.

b) Velociped is obliged to specify the minimum number of travellers and the last date of cancellation in the booking confirmation or make reference to the corresponding information in the relevant brochures.

c) Velociped must notify the customer without undue delay once the condition requiring cancellation of the travel has arisen.

d) A withdrawal by Velociped may not be declared later than three weeks before begin of the travel.

9.2. In case of withdrawal the customer can demand the participation in another travel of at least equivalent value, if Velociped is able to offer such travel from its travel portfolio without any additional fees to the customer. The customer has to make such claim to Velociped immediately after notification of the withdrawal.

9.3. If the trip is not undertaken for this reason, the customer is immediately refunded any payments made on the travel price in full.

10. Rescission and cancellation due to performance-related reasons

10.1. Velociped may withdraw from the Travel Contract if the customer seriously disrupts the trip despite warning by the organizer or breaches the terms of the contract to such an extent that immediate termination of the contract is justified.

10.2. In case of termination Velociped remains entitled to the entire Travel Fee; however, Velociped has to accept a set off of any cost saved as well as any advantages obtained from making other use of travel services, including amounts credited to Velociped by service providers.

11. Obligation of the customer/traveller

11.1. The obligation to notify defaults as stipulated in § 651 lit. d) paragraph 2 BGB (Bürgerliches Gesetzbuch – German Civil Code) is substantiated as follows:

a) The traveller is obliged to immediately notify any default of the travel to the local travel guide or agency and to demand cure of the default.

b) About the person, the reachability and the communication data of the representation of Velociped the traveller will be informed at the latest by sending the travel information.

c) If no local travel guide has been assigned and additionally Velociped is not obliged to do so (check travel description in this respect!), the traveller shall, under the address, telephone number and facsimile number mentioned below, directly notify Velociped about the default and demand cure.

d) Claims of the traveller only remain valid, if the failure to notify a default does not result from any responsibility of the traveller.

11.2. Travel guides of Velociped, agencies and employees of service providers are not entitled or authorized to acknowledge in the name or on behalf of Velociped any complaints or claims for payment of the traveller prior to, during or after the travel.

11.3. If the travel is considerably affected by a defective performance, the customer/traveller may terminate the Travel Agreement. The same is applicable, if the travel is unacceptable to the customer/traveller for reasons recognizable to Velociped. In any case the Travel Agreement becomes only terminable, if an adequate period of time, to be determined by the customer/traveller, has elapsed without Velociped or its representatives curing the defect. Determination of a time limit is not necessary, if the curing is impossible or if Velociped or its representatives refuse to cure the defect or if the immediate termination of the Travel Agreement is justified by a particular interest of the traveller.

11.4. If baggage gets lost, damaged or delayed, the traveller must, in the case of air travel, immediately submit a claim form for damages or delays in delivery on the spot to the airline company concerned. Airlines may refuse to pay compensation if the claim form has not been filled in. In case of damage to baggage claims for compensation are to be paid within 7 days, in case of baggage delays within 21 days after delivery. In all other instances, the office specified by Velociped is to be notified of the loss, damage or misdirection of baggage (see above Sec. 11.1 b) and c)).

11.5. The customer has to inform Velociped if he fails to receive wholly or in part the necessary travel documents (e.g. air ticket, hotel vouchers) within the period of time communicated to him by Velociped.

12. Limitation of liability

12.1. The contractual liability of Velociped for damages that do not result from the loss of life, limb or health is limited to three times the travel price, as far as:

a) a damage of the customer is caused neither by willful misconduct or gross negligence or

b) Velociped’s responsibility for a traveller’s damage solely results from the default of a third party service provider.

Possible additional claims under the Montreal Convention or the German Civil Aviation Act (Luftverkehrsgesetz – LuftVG) remain unaffected by the aforementioned limitation of liability.

12.2. Velociped does not assume liability for disruptions to services, injury and material damage in connection with services which are solely being brokered as third party services (e.g. excursions, sports events, theatre visits, exhibitions, transport services to and from the advertised places of departure and destinations), if said services are explicitly referred to as third party services from a brokered contractual party in the travel advertisement and confirmation of travel in such a way that customers/travellers can recognise that they do not form part of Velociped’s travel services.

12.3. Velociped is, however, liable for services that include the transportation of the customer/traveller from the described departure point of the journey to the described destination, intermediate transportation during the journey and accommodation during the journey and/or to the extent to which the customer/traveller suffers damages as a result of a failure on the part of Velociped to fulfill its obligation inform, explain or organize. Any liability of Velociped resulting from an infringement of its obligations as an intermediary remains unaffected by the aforementioned provisions.

13. Assertion of claims, addressee, limitation periods

13.1. The customer/traveller has to make claims pursuant to Sec. 651c to f BGB (Bürgerliches Gesetzbuch – German Civil Code) within one month of the contractually stipulated date of completion of the journey. The deadline period begins on the day following the date of the contractual end of the journey. If the final date falls on a Saturday, Sunday or officially recognised bank holiday at the place of declaration, the next working day replaces the day in question.

13.2 During the deadline period, claims against Velociped may only be asserted at the address given below. Claims cannot be submitted to the service providers, and, in particular, cannot be made against the accommodation provider. We strongly recommend making a written claim. After the expiration of this time limit the customer may only assert claims if he or she was prevented without fault from an observance of the time limit.

13.3. The time limit in accordance with Clause 13.1. also applies to registration of damage to baggage or delays in providing baggage in connection with flights in accordance with Clause 11.3 if warranty rights arising from §§ 651 c Para. 3, 651 d, 651 e Para. 3 and 4 BGB are asserted. In case of damage to baggage claims for compensation are to be paid within 7 days, in case of baggage delays within 21 days after delivery.

14. Limitation

14.1. Claims of the customer/traveller according to §§ 651 c to 651 f BGB (Bürgerliches Gesetzbuch – German Civil Code) from damages arising out of loss of life, injury to body or health become time-barred after two years if the damages rely on a negligent breach of Velociped or on an intentional or negligent breach of duty of a legal representative or assistant of Velociped. The same statute of limitation also applies upon remuneration of other damages relying on a grossly negligent breach of duty of Velociped or on an intentional or grossly negligent breach of duty of a legal representative or assistant of Velociped.

14.2. All other claims in accordance with §§ 651 c till f BGB (Bürgerliches Gesetzbuch – German Civil Code) become time-barred after one year.

14.3. The statute of limitations pursuant to Sections 14.1 and 14.2 commences on the day following the day of the contractual end of the journey. If the final date falls on a Saturday, Sunday or officially recognised bank holiday at the place of declaration, the next working day replaces the day in question.

14.4. Are negotiations on claims or their factual basis pending between the customer/traveller and Velociped the statutes of limitation are suspended until the customer/traveller or Velociped refuse to continue the negotiations.

15. Information obligations on the identity of the operating carrier

15.1. Velociped informs the customer (in advance or at latest during the booking) in accordance with the EU regulation on informing air transport passengers of the identity of the operating air carrier for all air transportation services to be rendered in the framework of the reserved journey.

15.2. Where the identity of the operating air carrier or carriers is not yet known at the time of reservation, the air carriage contractor shall ensure that the passenger is informed of the name or names of the air carrier or carriers that is or are likely to act as operating air carrier or carriers on the flight or flights concerned.

15.3. If the airline conducting the flight changes to another airline other than the one already mentioned to the customer, Velociped has to inform the customer of this change.

15.4. A "blacklist" of airlines whose use of airspace above the member states is prohibited in correspondence with the EC regulation is available at: http://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm and can also be viewed at the Velociped business premises.

16. Passport, Visa and Health Regulations

16.1. Velociped will inform nationals of the state of the European Union in which the tour is offered of passport and visa restrictions and health regulations before concluding the contract and also notify them of any changes prior to departure. For residents of other countries, the relevant consulate will provide information. This assumes that there are no peculiarities concerning the person travelling and any fellow travellers (e.g. dual citizenship, statelessness).

16.2. The customer is responsible for procuring and carrying necessary travel documents, any necessary vaccinations and for observing customs and foreign currency regulations. All disadvantages that accrue from nonobservance of these regulations shall be borne by the customer even if these regulations are changed after the trip is booked. That is not the case if Velociped did not inform the customer about material amendments to the common regulations prior to begin of the travel.

16.3. Velociped is not liable for timely issue by and receipt from the respective diplomatic representative of any visas that may be required, if the customer has authorized Velociped to undertake this task, unless Velociped has negligently failed in his own duties.

17. Choice of law and jurisdiction clause

17.1. German law is agreed exclusively for the entire legal and contractual relationship between the customer/traveller and Velociped for customer/travellers who are not nationals of a member state of the European Union or a Swiss citizen. Velociped can only sue this type of customer/traveller at their place of residence.

17.2. For proceedings brought by Velociped against customers or parties to the travel contract, who are merchants, legal entities under public or private law or persons who have their domicile or habitual place of residence abroad, or whose domicile or habitual place residence at the time of proceedings is unknown, the place of jurisdiction agreed is the headquarters of Velociped.

© These General Terms and Conditions are protected by copyright laws. Attorney at Law Noll & Hütten, Stuttgart | München, 2009-2017

Tour operator is:
Velociped GmbH & Co. KG
Alte Kasseler Str. 43
35039 Marburg
phone: +49 (0) 6421 88689-0
fax: +49 (0) 6421 88689-11
e-mail: info(at)velociped.de
www.velociped.de

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