1.1 Area of Applicability
Once the contractual valid version has been finalised, these General Business Conditions apply for all business relations between us - Munich Adventure Tours, Patrick Goldbach (CEO) , Freibadstraße 6, 81543 München – and you. Should you attempt to apply any contrasting General Business Conditions, this will, herewith, be strictly rejected.
1.2 Contract Agreement
Contract languages are German and English. If there is any disparity between the English version and the German version of the valid texts, in case of doubt, the formulation of the German text will apply.
1.3 Close of Contract
1.3.1 About the Website
Booking on this internet page involves a four-step booking procedure. In the initial step, you choose the negotiable offer together with your desired duration. Step two requires you to enter your data, including your contact address and, if applicable, contrasting invoice address. In the third step, your payment option is chosen. The fourth step offers you the possibility of re-checking your entire data (e.g. Name, Address, Payment Option, desired Service) and, where applicable, correcting any mistakes before you confirm your booking by clicking on the “Required Payment” / “Buy ” button. Your booking transaction renders you irrevocably bound by your contractual offer with respect to the procurement of the described offer. Receipt of your booking will be immediately confirmed by us. The confirmation of receipt does not yet represent any liability for acceptance of the booking. We are entitled to accept liability for the contractual offer enclosed in the booking within a two-day period after receipt of the booking by e-mail, fax, telephone or letter. With the acceptance, an agreement between you and us ensues.
After receipt of your booking, the contractual text will be stored by us and will be forwarded to you. After receipt of your booking, the contractual text can, however, no longer be accessed on the internet page by you. By pressing the browser button you can print the contractual text on the standard website.
You are obliged to be aware of the Terms and Conditions of Munich Adventure Tours before booking on the web page.
1.3.2 Alternative contract conclusion
Alternatively, a conclusion of contract will take place individually by demand and supply (offer and acceptance of the offer e.g. by E-mail). If no other agreement is made, the usual procedure is that you send us a request and we take the opportunity to send you a non-committal offer. You can accept this offer within 2 weeks. After accepting, the conclusion of contract ensues. A separate storage of the text in the contract does not take place by us. The contents of the contract is the result of the individual agreement.
1.4 Suitability of the Customer for the Negotiated Offer
Participation in an event necessitates the completion of personal requirements (e.g. Age, State of Health, Weight, Driving Licence, Swimming ability). The requirements are specified in the description of the particular tour. Before booking a tour, you are strictly obliged to familiarise yourself with the “Personal Requirements” as specified on our website. After booking, you will receive, together with a booking confirmation, a further reminder of the personal requirements for the selected offer. After the booking transaction, you yourself and any other persons participating in that particular tour with you are responsible for fulfilment of the personal requirements. A reimbursement of the purchase price is out of the question where failure to adhere to the personal requirements is concerned.
1.5 Subsequent Modification of the Business Conditions
In the event of changes in legislation or jurisdiction, or where any other circumstances demand such modifications, we are subsequently required to adapt and fulfil the General Business Conditions with respect to the existing Business Relationships even if the contractual equivalence ratio is merely insignificantly modified. A subsequent modification of the Business Conditions comes into effect if, within a six-week period after notification of the modification, you do not contradict same. At the outset of the deadline, we will clearly inform you that your silence will be seen as acceptance of the contractual modification and, in the course of the six-week deadline, you will be given the opportunity to present an explicit declaration. If, within the deadline, you make a contradiction, we and likewise you - in this exceptional case - can give notice to withdraw from the contractual relationship insofar as we do not allow the contractual relationship with its pre-existent General Business Conditions to continue.
- 2. Service Description
Our core offer consists of a range of fixed* tours which are specified accordingly. Furthermore, we offer private individual tours which are also individually elaborated. The additional regulations differentiate, as the case may be, between both of these tour types.
*the regular tours displayed in the Tour Calendar, bookable for single(1 -6) participants
2.2 Service Provision
Our service offer, in relation to the booked tour, comprises the organisation of the tour, its transfer to the excursion destination by mini bus (maximum 8 persons including the tour guide), reporting of background information regarding the region and culture of the particular destination, assuming the roles of escort, carer and, where necessary, guide leader at the specific destination with respect to the planned activity. Furthermore, we offer group reductions, as well as arranging reservations e.g. the organisation of dining possibilities. Of course, we also take care of the return transport to the meeting point. The prices listed on our internet page exclude expenditure ensuing from boarding houses/hotels or other such service suppliers. They also exclude meals or refreshments consumed at restaurants en route. Admission fees, utility costs, catering costs count as extras which are paid separately. Services booked with us are not confined to particular individuals but can be transferable.
We offer vouchers which are independent of tour and date. You can apply for value (money value) vouchers that relate to our products (products are the fixed tours shown in the Tour Calendar) which can be redeemed under a certain obligation. You can also redeem a product-related voucher, with our permission, for a different product (for example: individual tour). In this case, you must, either pay the extra cost-difference or, you will receive compensation in the form of a money voucher.
2.2.3 Third- Party Service
We are entitled to engage a third party to fulfil the contract or parts of the contract respectively.
2.3 Service Delays
We are not liable for any delivery/service delays related to ‘act of God’ nor for exceptional or unforeseen circumstances which cannot, even with extreme care, be prevented by us (here, in particular, we include strikes, official or legal stipulations, bad weather and cases of erroneous or irregular personal delivery despite our every effort to cover requested service). Such delays entitle us to postpone the service for the duration of the obstructive circumstances. We can withdraw from the contract if we cannot be available for service due to the above-mentioned reasons. We are obliged, in such circumstances, to immediately inform you of our non-availability and possibly to compensate you, without delay, for any consequential expenses. A more detailed account of the latter is outlined at 8.
2.4 Service Time
We provide the service (the tour) at the appointed time.
Insofar as we are fully aware that nothing else has been agreed, vouchers will be forwarded within a two-day period. The deadline for this service is, in the case of advance cash payment, the day after transaction of the contract payment; for bank transfer, it is the day after close of contract. The deadline ends on the subsequent second day. Should the final day of the deadline fall on a Saturday, Sunday or, on a generally-recognised official holiday at the respective activity centre, then the deadline ends on the subsequent weekday.
Vouchers booked for a service offer are valid for three years from the date of booking until the end of the third year (31.12.). For redemption of vouchers, our current prices are the prices that actually count and not the tour prices at the time of booking the vouchers. Vouchers are transferable, not however, refundable. Vouchers will be sent to you exclusively by e-mail and, subsequently, it is your responsibility to print them.
Persons under 18 years can participate in a tour only if the respective parents/guardians inform us, in writing, about the participation of the minor in the respective tour and, provided that they declare their agreement with the participation. Participation of a minor in a tour is only then possible if a parent/guardian of the minor is present at the meeting point and at the collection point to collect the minor at the end of the tour. Minors under 16 years are only permitted to take part in a tour if accompanied by a parent or guardian.
2.7 Transfer to a Third Party
2.7.1 Core-Offer Tours (Fixed tours shown in Tour Calendar)
You can transfer your purchased tour to a third party. This takes place by transmission of the letter of confirmation. The essential data of the third party (e.g. Name, Address, Telephone No., Identification No.) must be entered in hand-writing on the letter of confirmation. Where transfer of a tour to a third party is concerned, you are obliged to ensure that this person fulfils the personal requirements for the specific tour. The tour guide must be informed of the arranged transfer prior to commencement of the tour.
2.7.2 Private Individual Tours
You can transfer your purchased tour to a third party. This involves transmission of the letter of confirmation as well as a previous arrangement with us, i.e. a message to us in text form (e-mail) at least 24 hours before commencement of tour. On the letter of confirmation, the essential details of the third party (e.g. Name, Address, Telephone No., Identification No.) must also in this case be entered in hand-writing. You are obliged to refrain from transfer of a private individual tour to a third party if you are aware that this person does not fulfil the personal requirements for the specific tour.
- 3. Payment
3.1 Prices and Forms of Payment Our entire price range are final prices. According to our small scale enterprise we are able to exclude value added tax (vat) in our prices (by § 19 vat law of “UStG-Germany”). Payment of either the booked tours is transacted by means of credit card or pay-pal payment services. An invoice will be forwarded by e-mail to the customer after payment.
3.2 Payment Delay
If payment to us does not ensue within a two-week period after your receipt of our invoice, you are in arrears with the payment. Should such a delay in payment occur, interest rates of 5% points above the basic rate of interest of the European Central Bank will be charged. This means, a rate of 9% points above the basic interest rate of the European Central Bank where legal companies are concerned in which a customer is not involved. Should you find yourself in arrears with your payments, we reserve the right to impose reminder charges of Euro 5.-. You are at liberty to make a claim for possible damages. You are given the possibility of ascertaining that we merely undergo a slight loss, if any at all.
3.3 Retention Right
To claim a retention right, you are only entitled to make such counter claims which are due and which are based on the same legal relationship as your obligation.
A cancellation of a booked tour is possible in text form (e.g. e-mail). Any already-existing revocation right will not be affected by these cancellation regulations. The cancellation costs conform to the definitions as specified below whereby the cancellation does not incur any costs if carried out 72 hours at the latest before the agreed commencement of the tour. The timeliness of the cancellation depends on the time of our receipt of notification. For a later cancellation, cancellation costs conform to the following differentiating flat rates:
50% of the agreed invoice amount from 72 hours up to 36 hours prior to tour commencement
100% of the agreed invoice amount from 36 hours up to the time of tour commencement (with the exception of the bad weather conditions variant).
You are obliged to ensure that we are faced with insignificant or no costs. For every tour cancellation, apart from cancellations due to the bad weather variant, a handling charge of Euro5- is imposed.
- 4. Revocation Right for Consumers of Distance Contract Sales
With respect to any existing revocation right, the special revocation instructions with their pertinent regulations will be adhered to, should the need arise. Your revocation right will expire prematurely when we have fully completed the service or if we have just put the service into operation; this ensues after you gave us your explicit consent and acknowledged your awareness of the fact that you lose your revocation right upon full contract completion by us. The revocation right according to§ 312 g Paragraph 2 BGB does not apply to, inter alia, contracts which provide services in the hospitality sector, for other purposes as well as accommodation purposes, transportation of goods, vehicle rental, delivery of food and drink as well as provision of additional services related to leisure activities if the contract gives preference to the provision of a specific appointment or time period.
- 5. Requirements for a Service
5.1 Provision of a Reciprocal Service Our services will only then be provided if the agreed remuneration has been received by us prior to availing of your booked tour, and upon presentation of your booking confirmation before tour commencement.
5.2 Utilisation of Service Capacity
The realisation of a tour is furthermore dependent on the available utilisation capacity of the specific offer. Here, the decision lies exclusively with us. We are obliged, however, to inform you 24 hours prior to tour commencement whether the implementation of the tour is impossible due to insufficient loading. In this case, you can request participation in another equivalent tour provided we can present same from our offer without any surplus charge. For any resulting reimbursement we will supply a money voucher – such a request must be put forward without delay.
We are entitled to postpone the date of a tour twice in the event of insufficient loading before a full reimbursement of the cost price can be claimed by you. In such cases, we accept no liability for any compensation for expenditure or damages ensuing from cancellation or renewed booking of the tour (e.g. travel costs, accommodation expenses, escort services, holiday time etc.).
5.3 Responsible Behaviour of the Customer
You are obliged to behave responsibly during your participation in the programme of the booked service. This includes, in particular, arrival in a sober state at tour commencement, as well as choice of appropriate dress for the occasion. A customer under the influence of alcohol or drugs can be refused access to the service. A customer who is completely inappropriately dressed for participation in the programme (e.g. scantily-clad or wearing high heels) can be refused access to the service. What is categorised as “inappropriate/appropriate” clothing, relating to a specific tour, can be seen on our website; you will also be especially advised again of same in our letter of confirmation. Security equipment (i.e. walking sticks) will be provided by us for each participant.
6. Your Responsibility
6.1 Accuracy of Details You are exclusively responsible for the contents and accuracy of your transmitted data (including your required personal details) and information.
6.2 Identification Obligation
You are obliged to carry a valid identification document throughout the tours with which, if necessary, you can identify yourself. Due to recent increased identification controls, this is absolutely essential for a smooth expedition of the tour. A refund of the cost price due to non-adherence to the identification obligation at the commencement of/during the tour is absolutely out of the question.
6.3 Careful Treatment of our Property Before and during the tour you are obliged to treat with care and put to appropriate use the equipment which we provided to facilitate your participation in the tour. In the event of damaged goods, we reserve the right to demand compensation from you.
7.1 Rebooking of Tours from the Core Offer (fixed tours shown in the Tour Calendar)
Your rebooking wishes (e.g. a change of the tour route, preference for a different package) are undertaken subject to cancellation conditions. In this case, you are obliged to cancel the booked tour and book a different tour. Upon booking the new tour, any resulting price differences must be balanced.
7.2 Rebooking of Private Individual Tours
Your rebooking of private individual tours is possible up to 24 hours before tour commencement by e-mail or telephone, subject to feasibility. After the expiry of this deadline, only the cancellation of the one tour, followed by the booking of a new tour, is possible.
8. Unpredictable Circumstances
8.1 Weather Conditions
Should the feasibility of a booked service be subject to the current weather conditions, then it is up to us alone to decide whether to undertake the tour. If, due to weather conditions, the tour is not feasible, you can, upon consultation with us, postpone or rebook the appointment. In such cases, we are not liable for any compensation for expenditure or damages which ensue as a result of cancellation or renewed booking of the tour (i.e. travel costs, accommodation expenses, escort services, holiday time etc.). If, shortly before tour commencement, the weather suddenly deteriorates, we will do our utmost to provide an alternative activity (e.g. the bad weather variant) insofar as the time frame permits. Should an adequate alternative activity not be feasible, then the regulations at 8.3 will apply.
8.2 Bad Weather Alternatives
The bookable tours on our internet page are always offered with a bad weather alternative (e.g. instead of a mountain walk or mountain attempt / Tour to various indoor intitutions: such as cheese dairy, ancient village museum, Distillery etc.). The bad weather alternative thus forms part of the product that you purchase. The decision to hold the bad weather alternative will be made in the morning on the day of the tour between 7.30 am and 8.45 am. You will be informed upon commencement of the tour at the meeting/collection point whether or not the bad weather alternative will be held. It is entirely your responsibility to keep up-to-date with the weather conditions in respect to the bad weather alternative.
8.3 After Tour Commencement
8.3.1 Personal Reasons
You are obliged to inform our tour operator if, in the course of the tour, you wish to prematurely terminate it. Should you withdraw from the tour without notifying the tour operator, then we are not liable for the provision of return transport. Nor are we held liable for any eventual expenses resulting from your own organised transport or overnight stay at the location in question.
8.3.2 Act of God
If, due to an act of God, a tour is rendered extremely difficult or impracticable, both contractual parties can cancel the contract according to § 651 j BGB. In this case, we are entitled to claim for indemnity. We are then obliged to return you to the meeting/collection point. If this should prove impossible for us, then both parties contribute 50% of the return transport costs. The reimbursement of payments will ensue, at the latest 3 days after booking, in the form of vouchers, or electronic return booking to the credit card used for payment of tour, or to the respective bank account.
8.3.3 Reasons Relating to Us
Where a premature termination is decided by our tour operator, e.g. due to injury of the tour operator or one of the participants, or, in the event of a considerable deficiency of material or transport equipment, then an arbitrary continuation of the tour by the group or the individual participants is only possible by consultation with the tour operator. In this case, we are not liable for the return transport of the group or the participants in question. Eventual resulting costs for the return transport will not be refunded by us.
9. Warranty and Liability
9.1 Warranty Claim
There are legal warranty rights.
9.2 Liability Exclusion
We, as well as our official representatives and assistant operators, are only liable for deliberate intention or gross negligence. Insofar as essential contractual duties are met (such duties pivotal for the achievement of the contractual purpose) we are also liable for lesser negligence. Here, the liability is limited to the predictable contract-typical damages. Where companies are concerned, in the event of a gross negligence violation of an unessential contractual duty, we assume liability to the amount of the predictable contract-typical damages.
9.3 Liability Proviso
The above-mentioned liability exclusion does not concern the liability for fatal injuries, bodily injuries or injuries relating to health. The stipulations for the product liability law also remain unchanged by this liability exclusion.
10. Final Determinations
10.1 Legal Venue
Our place of business will be determined as an exclusive legal venue for all lawsuits in this contract insofar as you are a businessman, a legal entity of public law or public legal special power, or insofar as you do not have a legal venue in Germany.
10.2 Legal Choice
Insofar as there are no opposing legal determinations in respect to your native country’s laws, German law, with the exclusion of the UN purchasing right, will be maintained.
10.3 Consumer-Dispute Settlement Procedure
The EU Commission has created an internet platform for online settlement of disputes/issues in relation to contractual obligations of online contracts (OS platform). You can reach the OS platform by using the following link: http://ec.europa.eu/consumers/odr/. We are not prepared, nor are we obliged, to participate in a consumer-related dispute settlement at a consumer dispute settlement procedure.
10.4 Severability Clause
The inefficacy of individual determinations does not affect the validity of the other General Business Conditions / Terms and conditions (TAC).