1. Travel Conditions
We kindly ask you to read the following travel conditions carefully, which govern the legal relationship between you and the tour operator. By signing / registering or by making a deposit for bookings made electronically, these conditions will be fully recognized. To keep the text understandable, we have limited ourselves to the male form in terms of personal references, such as the customer. We ask for your understanding.
2. Conclusion of the Travel Contract
By registering, the customer offers the tour operator the conclusion of a travel contract in a binding manner. The registration can be done in writing, by fax, or electronically (email, internet), or through a travel agency / booking office. The travel contract comes into effect when the tour operator accepts the customer’s booking by written confirmation / invoice within 2 weeks. A deviation of the travel confirmation from the content of the registration constitutes a new offer from the tour operator, to which the tour operator is bound for a period of 14 days. The contract is concluded on the basis of this new offer if the customer confirms the acceptance by express declaration, deposit, or final payment within the binding period. For special requests, customer-specific contractual conditions, and the existence of verbal collateral agreements, the burden of proof for the conclusion of the agreement lies with the traveler, unless written confirmation has been provided by the tour operator beforehand. Travel agencies and booking offices only act as intermediaries between the customer and the tour operator. Promises and collateral agreements made by intermediaries working for the tour operator are also only valid after written confirmation by the tour operator. The tour operator is not liable for this intermediary activity.
We request a deposit of 20% of the travel price within 14 days of receiving the written invoice and the security certificate. Please pay the remaining amount no later than 30 days before arrival, received by the tour operator, so that timely (online) dispatch or online retrieval (travel portal) of the travel documents can be ensured. For bookings made within 30 days before departure, the entire travel price should be paid immediately upon receipt of the invoice, but no later than within 5 working days from the day of the travel booking, for the same reason. Corresponding payment deadlines are listed in the invoice. Completed travel insurance policies are due for payment immediately.
The scope of the contractual services is based on the service description of the currently valid brochure or internet offer and the references to it in the travel confirmation / invoice. If the service descriptions in the brochure / internet offer and travel confirmation / invoice differ from each other, the services owed are based on the confirmation / invoice. If it is evident from one of the aforementioned service descriptions that individual services or complete trips of third parties are only mediated, these are provided by the third parties themselves in their own responsibility.
5. Changes in performance and prices
The organizer reserves the right to change the advertised and confirmed prices with the booking of the trip in the event of an increase in transportation costs or charges for certain services, such as port or airport fees, or a change in the exchange rates applicable to the respective trip (§ 651a Para. 4 Sentence 1 BGB) as follows: If the transportation costs, especially fuel costs, that existed when the travel contract was concluded increase, the organizer can increase the travel price in accordance with the following calculation: (1a) In the case of an increase related to a seat, the organizer can demand the increase amount from the traveler. (1b) In other cases, the additional transportation costs demanded by the transport company per means of transportation are divided by the number of seats of the agreed means of transportation. The increase amount resulting in this way can then be demanded by the travel organizer from the traveler. (2) In the event of a change in the exchange rates after the conclusion of the travel contract, the travel price can be increased to the extent that the travel becomes more expensive for the organizer as a result. (3) An increase is only permissible if more than four months have elapsed between the conclusion of the contract and the agreed travel date and the circumstances leading to the increase had not occurred at the time of the conclusion of the contract and were not foreseeable by the organizer at that time (§ 309 No. 1 BGB). (4) In the event of a subsequent change in the travel price, the organizer must inform the traveler immediately. Price increases from the 20th day before the start of the trip are ineffective (§ 651a Para. 4 Sentence 2 BGB). (5) In the event of an increase in the travel price of more than 5 percent or a significant change in a significant travel service, the traveler can withdraw from the contract. Instead, he can demand participation in at least one other trip of equal value if the travel organizer is able to offer such a trip without an additional charge to the traveler from his offer (§651a Para. 5 Sentence 2, 3 BGB).
The customer can withdraw from the booked trip at any time before the start of the trip. In this case, the organizer may demand reasonable compensation. The calculation of cancellation fees is based on the receipt of the cancellation declaration by the organizer up to the 30th day before the start of the trip: 20 percent of the travel price per person; from the 29th to the 22nd day before the start of the trip: 30 percent of the travel price per person; from the 21st to the 15th day before the start of the trip: 40 percent of the travel price per person; from the 14th to the 7th day before the start of the trip: 65 percent of the travel price per person; from the 6th day before the start of the trip: 85 percent of the travel price per person. In the event of non-attendance of the trip without prior cancellation declaration, 90 percent of the travel price per person will be charged. We would like to inform our customers that the agreed cancellation fees (detailed below) will not apply if the customer can prove in individual cases that no damage or a much lower damage has been incurred than the lump sum (§ 309 No. 5b BGB). In addition, the customer is recommended to take out travel cancellation insurance. Cancellation can generally be made informally. However, it is recommended to do so in writing for evidentiary purposes.
In principle, rescheduling will be charged to the traveler or the person who initiates the change at the amount of the resulting costs, but at least with a processing fee of 25 EURO. Changes to the departure date or destination are considered cancellations. The tour operator is entitled to charge the resulting costs. Changes to the length of stay or the addition of further services are free of charge unless they result in an increase in the travel price. Only the corresponding surcharges will be calculated. The customer can be replaced by a third party until the departure date. The name change is charged at a processing fee of 25 EURO per participant. However, the organizer may object to the change in the person of the traveler if the third party does not meet the special travel requirements, statutory regulations or official orders.
8. Unused services
If the traveler does not use individual or entire travel services due to early return or other reasons during the trip, the value will not be refunded. If a partial service (sports activities, excursions, etc.) cannot be provided or can only be partially provided due to weather conditions, this does not entitle the participant to a refund of the proportionate travel price, unless the organizer has saved costs due to the cancellation.
9. Termination by the organizer
The tour operator may withdraw from the travel contract before the start of the trip or terminate the travel contract or individual travel services during the trip for the following reasons: a) without notice if the traveler persistently disturbs the performance of the trip despite a warning from the tour operator, tour guide, or service provider or if he behaves in such a way that the immediate termination of the contract or the exclusion of individual travel services is justified or the continuation of the contract is unreasonable for the organizer. The tour operator retains the right to the travel price minus any saved expenses. b) without notice in case of default of payment by a participant, if he does not immediately fulfill his obligations despite a written reminder and notification of the right to withdraw. c) up to 4 weeks before the start of the trip in case of failure to reach a minimum number of participants advertised or officially determined. In this case, the tour operator is obliged to inform the customer immediately about the conditions for the non-performance of the trip. The paid travel price will be refunded without deduction immediately. Further claims cannot be asserted. The customer has the right to make the request according to Clause 5 (5), penultimate sentence. d) if the reasons for the cancellation are not attributable to the tour operator or other service providers or if there are obstacles to the trip that cannot be removed by the tour operator or only at disproportionately high costs. In these cases, all payments already made will be refunded without deduction immediately. e) if the trip is significantly impeded, endangered or affected due to extraordinary circumstances (e.g. unrest, natural disasters, etc.) that were not foreseeable at the time of the conclusion of the contract, both parties can terminate the contract without notice. The tour operator may demand the proportionate travel price for services already rendered or still to be provided to terminate the trip.
The tour operator is liable like a diligent businessman for: a) careful travel preparation b) careful selection and monitoring of service providers c) the accuracy of service descriptions d) the proper provision of the contractually agreed travel services according to the local and national customs of the respective travel destination. The liability of the tour operator is limited to three times the travel price, insofar as a damage to the traveler is not caused intentionally or through gross negligence, or insofar as the tour operator is solely responsible for a damage incurred by the traveler due to the fault of a service provider. Personal injury (Section 651h (1) of the German Civil Code) is excluded from the liability limitation of three times the travel price. Claims for damages against the tour operator are excluded or limited insofar as, due to international agreements or legal provisions based on such agreements, the liability of the service provider for the services to be provided is also excluded or limited. The tour operator is not liable for disruptions related to services that are only provided as third-party services or that are marked as third-party services in the travel description or confirmation/invoice. In these cases, the liability of the operator is limited to the careful selection of the third-party company, but not to the provision of services. Any costs/impairments that arise without fault of the tour operator, e.g. due to time differences, traffic jams, technical defects, human error, border procedures, etc., will not be reimbursed by the tour operator. The tour operator is not liable for damages incurred by the traveler due to force majeure, war events, or terrorist attacks. The operator is not liable for statements made by intermediaries that have not been confirmed in writing by him. The operator is not liable for travel descriptions on internet portals of travel agents or self-promotions of travel agents if they have not been expressly approved in writing by him. e) For all claims for damages based on unlawful acts against the tour operator that are not based on intent or gross negligence, liability for property damage is limited to three times the travel price. These liability limits apply to each traveler and trip. Any claims related to baggage in accordance with the Montreal Convention that exceed these limits remain unaffected.
11. Luggage transport
Luggage will be transported in the normal manner, i.e. a maximum of one bag/suitcase with a maximum weight of 20kg (L+W+H<160cm) and one piece of hand luggage per person. The organizer is not liable for customers’ luggage. The luggage is to be supervised by the tour participant when changing. (Taking out travel baggage insurance is recommended!)
12. Duty to cooperate
In the event of any disruptions to services, the traveller is always obliged to do everything reasonable to contribute to resolving the disruption and to minimize any damage that may arise. The traveller is obliged to report any complaints related to the travel services to be provided by the organizer to our tour escort / tour guide on site immediately so that they can take remedial action. If improvement / regulation is not possible within a reasonable time: our tour escort / tour guide is not authorized to acknowledge claims for non-contractual provision of the trip, but will make a brief written record of the complaints you have made upon request. With this record, examination of any claims is possible, without the record it is considerably more difficult.
13. Exclusion and limitation of claims
Claims for non-contractual provision of travel services (Sections 651c to 651f of the German Civil Code (BGB)) must be made within one month after the contractually stipulated end of the trip. This should be done in writing. After expiry of the deadline, the traveller can only assert claims if he was prevented from meeting the deadline without fault. Claims of the traveller under Sections 651c to 651f BGB arising from the violation of life, body or health resulting from an intentional or negligent breach of duty by the organizer or a legal representative or agent of the organizer expire after two years. This also applies to claims for compensation for other damages arising from an intentional or grossly negligent breach of duty by the organizer or a legal representative or agent of the organizer. All other claims under Sections 651c to 651f BGB expire after one year. The limitation period under the preceding paragraphs begins on the day following the day on which the contractually stipulated end of the trip occurs.
14. Invalidity of individual provisions
These travel conditions are part of the travel contract. The invalidity of individual provisions of the travel contract or the travel conditions does not result in the invalidity of the entire travel contract or the entire travel conditions.
15. Passport, visa, and health regulations
a) The organizer informs nationals of the country in which the trip is offered about the provisions of passport, visa, and health regulations before the contract is concluded, as well as any changes to them before the start of the trip. For nationals of other states, the relevant embassy provides information.
b) The traveller is responsible for obtaining and carrying the necessary travel documents, any necessary vaccinations, and compliance with customs and currency regulations. Any disadvantages resulting from non-compliance with these regulations, e.g. payment of cancellation costs, shall be borne by the traveller. This does not apply if the organizer has culpably failed to provide, provide insufficient or incorrect information
The place of jurisdiction for claims against the organizer is Essen. For claims by the organizer against the traveler, the traveler’s place of residence is decisive. For claims against customers or contractual partners of the travel organizer who are merchants, legal entities under public or private law, or persons who have their domicile or habitual residence abroad, or whose domicile or habitual residence is not known at the time the claim is filed, Gelsenkirchen is agreed as the place of jurisdiction. These provisions do not apply if and to the extent that non-negotiable provisions of international agreements applicable to the travel contract between the customer and the travel organizer result in something else in favor of the customer, or if and to the extent that non-negotiable provisions applicable to the travel contract in the member state of the EU to which the customer belongs are more favorable for the customer than the regulations in these travel conditions or the applicable German regulations.
The organizer of all trips, unless explicitly stated otherwise, is: Drivethru GmbH, Rüttenscheider Str. 120 in 45131 Essen, CEO: Alexander Hnatyk. Commercial register: B 13376. Our customer funds are secured by R+V Allgemeine Versicherung AG (Touristik Assekuranz Service TAS).
Status: March 2023.