Travel conditions for Velociped GmbH & Co. KG (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.
Where effectively agreed, the following regulations become part of the package travel contract arising between Velociped GmbH & Co. KG, in the following “Velociped” and the customer on conclusion of the contract. They complement the legal directives in §§ 651a - y BGB (Bürgerliches Gesetzbuch or German Civil Code) and article 250 and 252 of the EGBGB (Einführungsgesetz zum BGB or Introductory Act to the German Civil Code). Therefore, please read these travel terms and conditions carefully before you make a booking!
1. Conclusion of the package contract, obligations of the customer
1.1. The following applies to all booking processes:
a) The basis for the Velociped proposal and the customer booking is the trip description and the supplementary information from Velociped for the trip in question, where these are available to the customer at the time of booking.
b) Travel brokers and booking offices are not authorised by Velociped to make agreements, provide information or give assurances, which differ from the agreed content of the package travel contract, about the tour description or the services contractually agreed by Velociped, or which contradicts this.
c) Information in hotel guides and similar directories, not issued by Velociped, are not binding on Velociped and Velociped’s service obligation, where they have not been made part of the Velociped service obligation by means of an explicit agreement.
d) If the content of the travel confirmation from Velociped differs from the content of the booking, then a new proposal from Velociped exists. The contract arises based on this new proposal, where Velociped has indicated the change with regard to the new proposal, and they have fulfilled their pre-contractual information obligations, and the customer has declared their acceptance to Velociped with an explicit declaration or payment of a deposit.
e) The pre-contractual information provided by Velociped regarding essential properties of the travel services, the trip price and all additional costs, payment terms, minimum number of participants and the cancellation rates (as per article 250 § 3 number 1, 3 to 5 and 7 EGBGB), do not become part of the package travel contract only where this is exclusively agreed between the parties.
f) The customer is liable for all contractual obligations of co-travellers for whom he makes the booking, as for his own, where he has taken on a corresponding obligation by means of an explicit, separate declaration.
1.2. The following applies where the booking is made verbally by telephone, in writing, by email or by fax:
a) With the booking, the customer makes a binding offer to Velociped for conclusion of the package travel contract. The customer is bound to the contract for 3 working days.
b) The contract takes effect on receipt of the travel confirmation (declaration of acceptance) by Velociped. On, or immediately after conclusion of the contract, Velociped will send the customer a travel confirmation in accordance with the legal directives on a permanent data carrier (which will allow the customer to keep or save the declaration unaltered, which is accessible in an appropriate period, for example on paper or per email), where the traveller is not entitled to a travel confirmation in paper form in accordance with art. 250 § 6 para. (1) sentence 2 EGBGB, as the contract was concluded when both parties where physically present, or concluded away from business premises.
1.3. The following applies for contracts concluded as part of electronic bookings (e.g. internet, app, tele-media):
a) The electronic booking process will be explained to the customer in the associated Velociped app.
b) The customer will be given an appropriate correction option to correct their input, and to delete or reset the entire booking form, use of which will be explained.
c) The contractual languages used to complete the online booking are listed. The German language exclusively shall be legally decisive.
d) Where the text of the Velociped contract is saved in the online booking system, the customer will be informed of this, as well as the possibility of opening the text of the contract at a later date.
e) By clicking the “confirm booking” button, the customer makes Velociped a binding offer for conclusion of a package travel contract. The customer is bound to this contractual offer for 3 working days from submission of the electronic declaration.
f) The customer will receive immediate electronic confirmation of receipt of their booking.
g) Submitting the booking by clicking the “confirm booking” does not justify a claim by the customer for the occurrence of a package travel contract in accordance with their booking information. Moreover, Velociped may freely decide to accept the customer’s contractual proposal or not.
h) The contract comes into effect on receipt of the travel confirmation from Velociped by the customer.
i) If the travel confirmation is made immediately after completion of the booking by the customer clicking the “confirm booking” button by the immediate appearance of the travel confirmation on-screen (real-time booking), the package travel contract comes into effect on receipt and portrayal of this travel confirmation on the customer’s screen, without any intermediate communication regarding receipt of the booking in accordance with f), where the customer is offered the option of saving on a permanent data carrier and printout of the travel confirmation. However, the binding nature of the package travel contract does not depend on whether the customer uses this option to save or print. In addition, Velociped will send the customer a copy of the travel confirmation in text form.
1.4. Velociped would like to point out that, in accordance with legal directives (§§ 312 para. 7, 312g para. 2 Sentence 1 No. 9 BGB) with regard to package travel contracts as per § 651a and § 651c BGB, which are concluded as remote transactions (letters, catalogues, telephone calls, faxes, emails, messages sent via mobile phone services (SMS) as well as radio, tele-media and online services), there is no right to revocation, merely the legal withdrawal and cancellation rights, in particular the right to withdraw as per § 651h BGB (see also point 5). However, a revocation right does exist, when the contract relating to travel services as per § 651a BGB was concluded outside of business premises, unless the verbal negotiations on which the conclusion of the contract is based, were carried out on the basis of a prior order by the consumer; in the latter case, there is also no right of revocation.
2.1. Velociped and travel brokers may only demand or accept payments for the travel price before the end of the package trip, when an effective customer payment protection contract exists, and the protection certificate with the name and contact details of the customer protection insurance company in a clear, understandable and highlighted form has been given to the customer. After conclusion of the contract, and issue of the customer protection certificate, a deposit amounting to 20% of the travel price is due for payment. The balance is due 3 weeks before the start of the trip, where the customer protection certificate has been supplied and the journey can no longer be cancelled for reasons stated in point 8. For bookings less than 3 weeks before the start of the journey, the total trip price is due for payment immediately.
2.2. If the customer does not pay the deposit and/or the balance in accordance with the agreed due dates, although Velociped is willing and able to deliver the contractual services properly and has met their legal information obligations, and no legal or contractual customer right of retention exists, Velociped is entitled to withdraw from the package travel contract after a warning with a notice period, and to charge the customer cancellation fees as per point 5.
3. Changes to content of the contract before the start of the trip, which do not affect the travel price
3.1. Deviations in essential features of travel services from the agreed content of the package travel contract, which are necessary after conclusion of the contract, and which were not caused by bad faith by Velociped are allowed to Velociped before the start of the journey, where the deviations are negligible and do not negatively affect the overall arrangement of the trip.
3.2. Velociped is obliged to inform the customer immediately after becoming aware of the reason for the changes using a permanent data carrier (e.g. by email, SMS or voice message) in a clear, understandable, highlighted manner.
3.3. In the event of a significant change to an essential feature of a travel service, or deviation from special customer specifications, which have become content of the package travel contract, the customer is entitled either to accept the change within a period communicated at the same time as communication of the change, or to withdraw from the package travel contract without penalty. If the customer does not explicitly declare to Velociped that they wish to withdraw from the package travel contract within the period stated by Velociped, the change is regarded as accepted.
3.4. Any warranty claims remain unaffected, where the amended services are defective. If Velociped incurred lower costs for execution of the amended trip, or any proposed replacement trip with the same properties at the same price, the difference should be refunded to the customer in accordance with § 651m para. 2 BGB.
4. Price increase; price reduction
4.1. In accordance with § 651f, 651g BGB and the following provisions, Velociped reserves the right to increase the travel price agreed in the package travel contract, where
a) an increase in the price for transportation of persons is due to increased fuel costs or other energy costs,
b) there is an increase in taxes or other fees for agreed travel services, such as tourist taxes, port or airport charges, or
c) a change in the exchange rate applicable for the package trip in question has a direct effect on the price of the trip.
4.2. An increase in the trip price is only permissible, where Velociped informs the customer in writing, clearly and understandably, with regard to the price increase and the reasons for this, and communicates the calculation of the price increase.
4.3. The price increase is calculated as follows:
a) Where the price increase is for transportation of persons as per point 4.1a), Velociped can increase the travel price in accordance with the following calculation:
- For a seat-related increase, Velociped may demand the amount of the increase from the customer.
- Otherwise, the additional transportation costs demanded by the transportation company per transport means are spread over the number of seats on the agreed transport means. Velociped may demand the resulting amount of the increase per individual seat from the customer.
b) With regard to an increase in taxes and other charges as per point 4.1b), the travel price many be increased by the corresponding proportional amount.
c) In the event of an increase in exchange rates as per point 4.1c), the travel price may be increased to the extent that it has increased the price for Velociped.
4.4. Velociped is obliged to grant the customer/passenger a reduction in the travel price, when and in as far as the prices, charges or exchange rates stated in point 4.1 a) -c) change after conclusion of the contract and before the start of the journey, and this leads to lower costs for Velociped. If the customer/passenger has paid more than the amount owed, the additional amount should be refunded by Velociped. However, Velociped may deduct administration costs actually incurred from the additional amount to be refunded. If the customer/passenger requests, Velociped must prove the level of administration costs incurred to them.
4.5. Price increases are only permissible where the customer receives this up to the 20th day before the start of the trip.
4.6. In the event of price increases of more than 8%, the customer is entitled to either accept the change within an appropriate period communicated by Velociped at the same time as the communication of the price increase, or to withdraw from the package travel contract without penalty. If the customer does not explicitly declare to Velociped that they wish to withdraw from the package travel contract within the period stated, the change is regarded as accepted.
5. Cancellation by the customer before the start of the trip / cancellation costs
5.1. The customer may withdraw from the package travel contract at any time before the start of the trip. This withdrawal should be communicated to Velociped at the following address, if the trip was booked via a travel agent, the withdrawal may be communicated to them. We recommend the customer should state their withdrawal in writing.
5.2. If the customer withdraws before the start of the trip, or if the customer does not start the trip, Velociped loses claim to the travel price. Instead, Velociped may demand appropriate compensation, where the withdrawal is not attributable to Velociped. Velociped may not demand compensation, where extraordinary circumstances arise at the defined location or in the immediate vicinity, which have a significant, negative effect on execution of the package trip or the transportation of persons at the defined location; The circumstances are unavoidable and extraordinary, when they are outside Velociped’s control, and their consequences could also not have been avoided, if all reasonable precautions had been taken.
5.3. Velociped has set out the following compensation rates with consideration of the period between the declaration of withdrawal and the start of the trip, and the expected saving in expenses and the expected purchase of the travel services by other users. The compensation is calculated according to the time of receipt of the declaration of withdrawal as follows, with the relevant cancellation rate:
a) for all tours by bike and boat
- up to 84 days before the trip begins, 20%, at least 50,00 €
- from the 83rd to 42nd day before the trip begins, 30%
- from the 41st to the 28th day before the trip begins, 60%
- from the 27th day to the 4th day before the trip begins, 80%
- from the 3rd day before the trip begins and no-show, 90% of the trip price
b) for all other tours
- up to 28 days before the trip begins, 20%, at least 50,00 €
- from the 27th to the 14th day before the trip begins, 30%
- from the 13th to the 8th day before the trip begins, 50%
- from the 7th to the 4th day before the trip begins, 70%
- from the 3rd day before the trip begins up to the day the trip starts, or no-show, 90% of the trip price
5.4. In each case, the customer retains the right to prove to Velociped that no, or considerably less damage has arisen, than the flat rate compensation demanded by Velociped.
5.5 Velociped reserves the right to demand a higher, concrete level of compensation, in place of the above rates, where Velociped can prove that Velociped has incurred considerably higher expenses than the relevant applicable flat rates. In this case, Velociped is obliged to quantify and provide documentation for the compensation demanded, considering the expenses saved and any other use of the travel services, in a concrete manner.
5.6. If Velociped is obliged to refund the travel price as a result of a withdrawal, Velociped must complete this without delay, and in each case within 14 days after receipt of the declaration of withdrawal.
5.7 The customer’s legal right under § 651 e BGB to demand from Velociped via communication on a permanent data carrier, that a third party may instead enter into the rights and obligations arising from the package travel contract remains unaffected by the provision above. A declaration of this kind is in time in each case, if it is sent to Velociped 7 days before the start of the trip.
5.8. We strongly recommend arranging travel cancellation costs insurance and insurance to cover repatriation costs in the event of an accident or illness.
6.1. A claim by the customer after conclusion of the contract based on changes with regard to the date of travel, the destination, the location of the start of the journey, accommodation, type of catering, the type of transport or other services (rebooking) does not exist. This does not apply when the rebooking is necessary, because Velociped has supplied inadequate, or incorrect contractual information as per art. 250 § 3 EGBGB to the traveller; in this case rebooking free of charge is possible. If a rebooking is made at the customer’s request in the other cases, Velociped can, by observing the notice periods below, charge the customer a rebooking fee per traveller affected by the rebooking. Where nothing else is agreed in an individual case before agreeing to the rebooking, the rebooking charge amounts, up to the time of the start of the second cancellation rate for the type of trip in question, as per the above provision in point 5, to 50,00 € per traveller affected.
6.2. Customer rebooking requests made after expiry of the notice periods, where they may actually be carried out, may only be executed after withdrawal from the package travel contract as per point 5 under the conditions and with a simultaneous new registration. This does not apply to rebooking requests which only cause insignificant costs.
7. Services not claimed
If the traveller does not make use of services which Velociped was willing and able to deliver under the terms of the contract, for reasons attributable to the traveller, he is not entitled to a pro-rata refund of the travel price, where such reasons would not have entitled him to free withdrawal or cancellation of the travel contract in accordance with legal provisions. Velociped will endeavour to obtain a refund of the expense saved by the service provider. This obligation lapses if it involves completely insignificant services.
8. Withdrawal due to non-attainment of the minimum number of participants
8.1. Where the minimum number of participants is not attained, Velociped may withdraw in accordance with the following provisions:
a) The minimum number of participants and latest time for despatch of the declaration of withdrawal by Velociped to the customer must be indicated in the relevant pre-contractual communication.
b) Velociped must indicate the minimum number of participants and the deadline for withdrawal in the travel confirmation.
c) Velociped is obliged to explain the cancellation of the trip to the customer without delay, when they have established that the trip will not take place as the minimum number of participants has not been attained.
d) Withdrawal by Velociped later than 3 weeks before the start of the trip is not permissible.
8.2. If the trip does not take place for this reason, the customer will receive a refund for the payments made with regard to the travel price without delay, point 5.6 applies accordingly.
9. Cancellation for behavioural reasons
9.1. Velociped may cancel the package travel contract without notice if the traveller, despite a warning form Velociped, causes long-lasting disruption, or behaves in a manner contrary to the contract, such that immediately cancelling the contract is justified. This does not apply where the anti-contractual behaviour is caused by an infringement of information obligations by Velociped.
9.2. If Velociped cancels, Velociped retains their right to the travel price; however, Velociped must calculate the value of the expenses saved and the benefits that Velociped may attain from an alternative use of the service not claimed, including amounts credited by the service providers.
10. Obligations of the customer/traveller
10.1. Travel documents
The customer must inform Velociped or his travel agent, with whom the customer booked his package trip if the customer does not receive the necessary travel documents (e.g. flight tickets, hotel voucher) within the period indicated by Velociped.
10.2. Notification of defects / request for remedy
a) If the trip is not delivered without travel defects, the traveller may request remedy.
b) Where Velociped was not able to effect remedy as a consequence of culpable default regarding the notification of defects, the traveller may not apply abatement claims as per § 651m BGB or claims for damages as per § 651n BGB.
c) The traveller is obliged to report their notification of defects to the Velociped representative on location without delay. If no Velociped representative is present on location, and he is not contractually liable, any defects should be reported to Velociped at the Velociped contact point stated; the travel confirmation contains information relating to the availability of the Velociped representative or their contact point on location. However, the traveller can also report the notification of defects to their travel agent with whom he booked the package trip.
d) The Velociped representative is authorised to provide a remedy, where this is possible. However, he is not authorised to acknowledge claims.
10.3. Notice period before cancellation
If the customer/traveller wishes to cancel the package travel contract in accordance with § 651l BGB due to a defect of the kind described in § 651i para. (2) BGB, where this is significant, the customer must give Velociped an appropriate period to provide a remedy. This only applies when the Velociped remedy is declined or when immediate remedy is required.
10.4. Damage to luggage and delays to luggage with regard to flights; special provisions & periods for demands for remedy
a) We would point out to the traveller that loss, damage and delay to luggage with regard to flights, in accordance with the legal air travel directives, must be reported by the traveller without delay on location, using the claims notification system (“P.I.R.”) of the airline responsible. Airline companies and Velociped may refuse refunds due to international agreements, if the claims notification was not completed. The claims notification for damage to luggage must be made within 7 days, for delays, within 21 days after handover.
b) In addition, any loss, damage or misrouting of luggage should be reported to Velociped, their representative or office, or travel agent without delay. This does not absolve the traveller from reporting the claims notification to the airline company as per letter a) within the notice periods above.
11. Limitation of liability
11.1. Velociped’s contractual liability for damages not resulting from damage to life, limb or health and was not caused negligently, is limited to three times the travel price. Possible claims beyond this in accordance with the Montreal Agreement or the airline legislation remain unaffected by this limitation of liability.
11.2. Velociped is not liable for disruptions to services, personal and material damage in connection with services which were merely brokered as third-party services (e.g. brokered excursions, sports events, theatre visits, exhibitions) when these services were clearly identified as third party services in the trip advertisement and travel confirmation, with an indication of the identity and address of the brokering contractual partner, such that the traveller can recognise they are not part of the Velociped package trip and were selected separately. §§ 651b, 651c, 651w and 651y BGB remain unaffected by this.
11.3. However, Velociped is liable if and in as far the traveller’s damages were caused by a breach of Velociped’s obligations regarding information, clarification or organisation.
12. Assertion of claims, addressee
The customer must assert claims against Velociped in accordance with § 651i para. (3) No 2, 4-7 BGB. The assertion may also be made via the travel agent, if the package trip was booked via this travel agent. The contractual claims listed in § 651 i para. (3) BGB fall under the statute of limitations in two years. This statute of limitations starts on the day on which the trip ends according to the contract. We recommend asserting any claims in writing.
13. Information obligations regarding the identity of the airline company delivering the service
13.1. On booking, Velociped will inform the customer in accordance with the EU directive regarding informing flight passengers about the identity of the airline company delivering the service before, or at the latest, at the time of booking, about the identity of the airline company or companies delivering the service, with regard to all flight services associated with the trip booked.
13.2. If the airline company, or companies, is, or are, not set at the time of booking, Velociped is obliged to state the airline, or airlines, who will probably carry out the flight service to the customer. As soon as Velociped knows which airline will carry out the flight, Velociped will inform the customer.
13.3. If the airline stated to the customer changes, Velociped will inform the customer of the change without delay, and as quickly as possible using appropriate means.
13.4 The “Black List” (airlines, which member states are prohibited from using) produced in accordance with the EU directive can be viewed on the Velociped website or directly at https://ec.europa.eu/transport/modes/air/safety/air-ban_en. It is also available in the Velociped offices.
14. Passport, visa and health directives
14.1. Velociped will give the customer/traveller information about general passport and visa requirements as well as health policy formalities in the destination country, including the approximate notice periods for extending any necessary visas before conclusion of the contract, as well as any changes before the start of the journey.
14.2. The customer is responsible for obtaining and bringing the necessary official travel documents, obtaining any vaccinations required, as well as observing customs and currency regulations. Any disadvantages arising from failure to observe these directives, e.g. payment of withdrawal costs will be borne by the customer/traveller. This does not apply where Velociped has not provided information, or provided insufficient or incorrect information.
14.3 Velociped is not liable for timely issue and receipt of necessary visas from the relevant diplomatic representatives, when the customer has engaged Velociped to obtain these, unless Velociped has negligently breeched their own obligations.
15. Alternative dispute resolution, choice of law and jurisdiction agreement
15.1 With regard to the legislation on consumer dispute resolution, Velociped would like to point out that Velociped does not participate in a voluntary consumer dispute resolution service. Where a consumer dispute resolution becomes obligatory for Velociped after printing these travel terms and conditions, Velociped will inform the consumer of this in an appropriate form. With regard to all travel contracts concluded in electronic legal communication, Velociped would refer you to the European online dispute resolution platform https://ec.europa.eu/consumers/odr/.
15.2. For customers/travellers who do not belong to a member state of the European Union, or are not Swiss citizens, the exclusive application of German law is agreed for the entire legal and contractual relationship between the customer/traveller and Velociped. These customers may only lodge a complaint at the location of the Velociped head office.
15.3 For claims by Velociped against customers, or contractual partners in the package travel contract, who are business people, legal persons under public or private law, or persons who are resident or normally resident abroad, or whose residence or normal residence is not known at the point in time when the claim is made, the court of jurisdiction is agreed as the location of the Velociped registered office.
© Protected by copyright: Noll & Hütten Attorneys,
Stuttgart | Munich, 2018 – 2019
PACKAGE TRAVEL DIRECTIVE
Dear English-speaking customers and travellers,
the following translation of our Package Travel Directive serves solely the purposes of a better understanding. Legally, only the German version is decisive.
Form for informing the traveler on a package tour according to § 651a of the German Civil Code
The combination of travel services offered to you is a package tour within the meaning of the Directive (EU) 2015/2302. Therefore, you can claim all EU rights that apply to package tours. Velociped GmbH & Co. KG bears full responsibility for the proper execution of the entire package tour.
In addition, Velociped GmbH & Co. KG holds the statutory protection for the repayment of your payments and, if transport is included in the package tour, to ensure your return transportation in case of bankruptcy.
Your most important rights under the Directive (EU) 2015/2302
• The travelers get all the essential information on the package tour before completing the package tour contract.
• At least one contractor is always liable for the proper performance of all the complimentary contract travel services.
• The travelers receive an emergency telephone number or contact information through which they can contact the tour operator or the travel agency.
• Travelers can transfer the package tour to another person within a reasonable time and possibly at additional cost.
• The price of the package tour may only be increased if certain costs (eg fuel prices) will increase and if this is expressly provided for in the contract, and in any event no later than 20 days before the start of the package tour. If the price increase exceeds 8% of the package tour price, the traveler may withdraw from the contract. When a tour operator reserves the right to a price increase, the passenger has the right to a price reduction if the costs decrease.
• Travelers can withdraw from the contract without paying a cancellation fee and receive a full refund of all payments if one of the essential components of the package tour except for the price is significantly changed. If the operator responsible for the package tour cancels the package tour before the package tour begins, travelers are entitled to a reimbursement of costs and possibly a compensation.
• In case of exceptional circumstances, such as serious security problems at the destination which are expected to affect the package tour, travelers can withdraw from the contract before the start of the travel package tour without paying a cancellation fee.
• In addition, travelers can withdraw from the contract at any time prior to the start of the package tour in exchange for an appropriate and reasonable cancellation fee.
• If essential components of the package tour can not be carried out as agreed after the beginning of the package tour, suitable alternative arrangements shall be offered to the traveler at no extra cost. The traveler can withdraw from the contract without payment of a cancellation fee (in the Federal Republic of Germany this right is called "Termination"), if services are not provided in accordance with the contract and if this has a significant impact on the provision of the contractual package tour services and if the tour operator fails to remedy the situation.
• The traveler is entitled to a price reduction and / or compensation if the travel services are not provided or not provided properly.
• The tour operator provides the traveler assistance when the traveler is in trouble.
• In the event of insolvency of the tour operator, or – in some Member States – of the travel agent, costs shall be refunded. If the insolvency of the tour operator or, if applicable, the travel agent occurs after the start the package tour and if transportation is part of the package tour, the return transportation of the travelers is guaranteed. Velociped GmbH & Co. KG has entered into a bankruptcy protection with TourVERS Touristik-Versicherungs-Service GmbH. Travelers can contact this facility if they are denied benefits due to the insolvency of Velociped GmbH & Co. KG (TourVERS Touristik-Versicherungs-Service GmbH, Borsteler Chaussee 51, 22453 Hamburg, Tel. +49 (0)40 2442880,