T&Cs
Dear English-speaking customers,
the following translation of our travel conditions serves solely the purposes of an better understanding. Legally, only the German version is decisive.
Travel conditions
Dear traveler, clear contractual provisions, which are agreed with you as set out below, also contribute to an optimal performance of a travel. The following travel conditions shall amend the stipulations of §§ 651 lit. a) through m) BGB (German Civil Code) on package tours (Pauschalreisen) and on the tour operator’s information obligations and shall implement the aforementioned stipulations. They form, as far as they are blindingly agreed, an integral part of the travel agreement concluded between you (the "Traveller") and Velociped Fahrradreisen ("Velociped").
1. Conclusion of the travel agreement
1.1. Velociped is tour operator of all tours signed with the "green velociped pennant" in this catalogue and in case of booking such tour your partner of contract. In all other cases Velociped merely acts as a travel agent as far as the principle of § 651 lit. a) section 2 BGB does not require something different.
1.2. By reservation of a travel (the "Reservation") the Traveller makes a binding offer to Velociped to conclude a travel agreement (the "Travel Agreement") which is based on the travel offer as set out in the Velociped catalogue valid at the time of travel (the "Catalogue") and on these General Terms and Conditions.
1.3. The Travel Agreement takes effect upon confirmation of the Reservation by Velociped to the Traveller or travel agent. The travel confirmation is not required to have a special form. Upon or immediately after taking effect of the Travel Agreement, Velociped will issue a written travel confirmation form to the Traveller.
1.4. Printed material and internet content pertaining to places or hotels which has not been published by Velociped is not binding upon Velociped and their obligation to perform unless an explicit agreement with the client makes them a component part of the tour description and Velociped obligation to perform.
1.5. The booking can be made verbally, in written form, by telephone, by fax or by electronic means (e-mail, Internet). Electronic bookings will be confirmed by Velociped immediately electronically. This confirmation does still no confirmation of acceptance of the booking.
1.6. Guest or other client of the booking (companies, associations or persons responsible in the group) who book for fellow passengers have to be responsible for all contractual obligations of booked guests just like their own, provided that they have accepted this obligation by an explicit and separate declaration.
1.7. The contract between Velociped and the Traveller is concluded if Velociped has confirmed the acceptances of the order. This confirmation does not require any particular form. During or immediately after the contract is made the Traveller receives a written confirmation. This confirmation is not required if the booking by the Traveller is less than 7 working days prior to departure.
1.8. If the contents of the declaration acceptance issued by Velociped differ from the contents of the reservation, the Travel Agreement dose not become effective and a new offer will be made by Velociped. The contract becomes binding for the participant if the Traveller accepts the new offer by explicit declaration, pre-payment or final payment.
2. Velociped's obligation to perform
2.1. After conclusion of the contract a down payment of 10% of the Travel Fee, max. € 250,- per person, is due within 7 days 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 8. If the travel is booked less than four weeks before the travel begins, the Travel Fee becomes due in full immediately after hand out of the security note.
2.2. For tours lasting less than 24 hours, not including an overnight stay and not costing more than EUR 75,- the full price can be demanded without handing over a security note.
2.3. 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.5.
2.4. If Velociped is willing and capable of fulfilling it’s obligations to perform and if the security note has been handed out, the Traveller is not entitled to demand any performance of Velociped’s contractual obligations, unless the full travel fee is received by Velociped.
3. Modifications of obligation
3.1. 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.
3.2. Possible guarantee claims remain untouched, as far as the changed services are faulty.
3.3. Velociped is obliged to immediately inform the Traveller about any modifications of the performance of obligations.
3.4. In the case of a considerable change of a major service, the Traveller 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 Traveller. The Traveller has to assert his rights immediately after being informed of the service change by Velociped.
4. Price adjustment
4.1. 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:
4.2. An increase is only permissible if the period between conclusion of the Travel Agreement and the agreed time of travel exceeds four weeks 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.
4.3. 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 Traveller the resulting amount of increase per seat.
4.4. 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.
4.5. 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.
4.6. In case of an increase of the Travel Fee after the time of conclusion of the Travel Agreement Velociped has to inform the Traveller 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 Traveller 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 Traveller.
5. Rescission through the Traveller/cancellation costs
5.1. The Traveller may withdraw from the Travel Agreement at any time before the travel begins by written notification of withdrawal to Velociped. If the tour has been booked via a travel agency, the withdrawal can also be declared to the agency.
5.2. In the case that the Traveller 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.
5.3. In any case of withdrawal by the Traveller, Velociped, after taking into account expenses saved usually and usually feasible other use of travel services, is entitled to charge lump-sum rescission fees per person which amount to the following:
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:
29 days and more before the beginning of the journey: 10 %
from 28th to 8th day before the beginning of the journey: 60 %
from 7th to one day before the beginning of the journey: 80 %
at the arrival day and non-participation: 90 %
5.4. The Traveller is in any case entitled to provide evidence that Velociped has not incurred any or incurred less costs in relation to the withdrawal.
5.5. 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.
5.6. The Traveller's legal right to place in accordance with § 651 b BGB a substitute participant is not affected by the above conditions.
6. Re-booking
6.1. The Traveller has no claim to changes (re-booking) as to the date of the trip, the destination, the place of departure, the accommodation and the mode of transportation after conclusion of the Travel Agreement. If the dates, destination, place of start of the journey, accommodation or means of transport (of a tour that is according to the valid advertising) are changed on request of the Traveller (re-booking), Velociped can charge a re-booking fee, providing the following deadlines are met. The re-booking fee amounts respectively till the beginning of the second cancellation relay of the particular travel in accordance with the above rule number 5. € 50, - per re-booking, unless otherwise agreed.
6.2. Traveller 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 5.2 and 5.3 and simultaneous new booking. This rule does not apply if the request for re-booking causes only small costs.
7. 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 does not apply if the unclaimed service is insignificant or if legal or official regulations do not allow for reimbursement.
8. Rescission and cancellation due to non-attainment of the minimum number of participants
8.1. 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 has to inform the Traveller about the number of minimum participants as well as the latest date of possible cancellation.
c) Velociped must notify the Traveller 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.
8.2. In case of withdrawal the Traveller 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 Traveller. The Traveller has to make such claim to Velociped immediately after notification of the withdrawal.
8.3. If the trip is not undertaken for this reason, the Traveller is immediately refunded any payments made on the travel price in full.
9. Rescission and cancellation due to performance-related reasons
9.1. Velociped may withdraw from the Travel Contract if the Traveller 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.
9.2. 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.
10. Obligation of the Traveller
10.1. The obligation to notify defaults as stipulated in § 651 lit. d) paragraph 2 BGB 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.
10.2. 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.
10.3. If the travel is considerably affected by a defective performance, the Traveller may terminate the Travel Agreement. The same is applicable, if the travel is unacceptable to the 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 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.
10.4. The Traveller has to notify loss and damage of luggage, in particular but not limited to the loss of airline luggage, to the transport provider immediately. The transport provider is obliged to issue a written acknowledgment. Without notification the risk of loss of claim is given. Airlines can refuse to make reimbursements if a notice of claim has not been filled out. Notice of lost must be given within 7 days for damaged baggage within 21 days following the issue of delay in baggage. Apart from that, if the baggage is damaged, lost or destroyed, the Traveller should inform the local travel guide as soon as possible.
11. Limitation of liability
11.1. Velociped’s liability to the Traveller for any damages (including liability for the infringement of secondary obligations arising prior, after or during the Travel Agreement) which are not body damage, is limited to the triple Travel Fee, as far as:
a) a damage of the Traveller is caused neither by willful misconduct or gross negligence of Velociped or
b) Velociped’s responsibility for a Traveller’s damage solely results from the default of a third party service provider.
11.2. Velociped is not liable for default of performance or damages in relation to performance of third parties only arranged by Velociped as intermediary at the travel destination (e.g. sport events, theater, trips, exhibitions etc.) or expressly marked in the travel descriptionon as third party services.
11.3. Velociped is, however, liable as follows:
a) for services that include the transportation of the Traveller from the described departure point of the journey to the described destination, intermediate transportation during the journey and accommodation during the journey.
b) to the extent to which the Traveller suffers damages as a result of a failure on the part of Velociped to fulfill its obligation inform, explain or organize.
12. Exclusion of claims
12.1. Claims based on provision of travel services against the terms of the contract must be filed by the Traveller within a month after the termination of the tour.
12.2. The timely enforcement can be made against Velociped only to the address mentioned below. An enforcement in writing is highly recommended. After the expiration of this time limit the Traveller may only assert claims if he or she was prevented without fault from an observance of the time limit.
12.3. The deadline set in clause 12.1 does also apply to the deadline for notification of damaged, delayed or lost baggage relating to flights in accordance with § 651 BGB. This must be reported within seven days for lost baggage and within 21 days of delivery for delayed baggage.
13. Limitation
13.1. Claims of the customer according to §§ 651 c to 651 f BGB from damages arising out of death, injury to body or health become time-barred after two years if the damages rely on a negligent breach of duty of the host or on an intentional or negligent breach of duty of a legal representative or assistant of the host. The same statute of limitation also applies upon remuneration of other damages relying on a grossly negligent breach of duty of the host or on an intentional or grossly negligent breach of duty of a legal representative or assistant of the host.
13.2. All other claims in accordance with §§ 651 c till f BGB become time-barred after one year.
13.3. The lapse of claims according to 13.1 and 13.2 above is based on the day that follows the day the holiday ends as per contract.
13.4. Are negotiations on claims or their factual basis pending between the Traveller and Velociped the statutes of limitation are suspended until the Traveller or Velociped refuse to continue the negotiations.
14. Information obligations on the identity of the operating carrier
14.1. Velociped informs the Traveller (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.
14.2. 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.
14.3. If the airline conducting the flight changes to another airline other than the one already mentioned to the Traveller, Velociped has to inform the Traveller of this change.
14.4. The „back list“ that has been introduced by the EG (airlines that are not allowed to pass the airspace of the member states) is available on the Internet http://air-ban.europa.eu and accessible in Velociped's office.
15. Passport, Visa and Health Regulations
15.1. The Traveller is informed by Velociped about passport-, visa- and health regulations applicable to the respective country of destination in the travel description and travel material. These information relate to German citizens, irrespective on any special circumstances given. Such personal circumstances (e.g. having two citizenship being stateless, certain registrations in the passport or refugee’s admission) can not be taken into consideration if not explicitly notified to Velociped by the Traveller.
15.2. The Traveller 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 Traveller even if these regulations are changed after the trip is booked. That is not the case if Velociped did not inform the Traveller about material amendments to the common regulations prior to begin of the travel.
15.3. Velociped is not liable for timely issue by and receipt from the respective diplomatic representative of any visas that may be required, if the Traveller has authorized Velociped to undertake this task, unless Velociped has negligently failed in his own duties.
16. Jurisdiction, Miscellaneous
16.1. The entire legal- and contractual relationship between the Traveller and Velociped shall exclusively be governed by the laws of the Federal Republic of Germany. This applies for all legal relations.
16.2. The Traveller can sue Velociped only at its principal place of business.
16.3. For Claims of Velociped against the Traveller the Traveller’s place of residence is decisive, unless the claim is directed against a Merchant (as defined by HGB, German Commercial Code), legal entities of public or private law or persons having their place of residence or common whereabouts abroad or having an unknown place of residence or unknown common whereabouts at the time of bringing up the claim. In these cases the legal venue of Velociped is decisive.
16.4. The foregoing provisions do not apply
a) if and insofar as contractually mandatory provisions of international agreements that are applicable to the travel contract, otherwise the benefit of the Traveller
b) or if and to the extent applicable to the travel contract, not mandatory rules in the Member States of the EU, the the customer belongs, cheaper for the Traveller than the above-mentioned provisions, or the equivalent German legislation.
© These General Terms and Conditions are protected by copyright laws.
Attorney at Law Noll, Stuttgart, 2009-2012.
Tour Operator:
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@velociped.de
Magistrates' court Marburg HRA 3943
Unlimited partner Velociped Verwaltungs-GmbH
Magistrates' court Marburg HRB 4593
Management:
Claudia Möllers, Christian Rhode
