With the registration, the customer offers the tour operator the binding conclusion of a travel contract. The registration can be made in writing or electronically. It is made by the registering person also for all participants listed in the registration, for whose contractual obligations the registering person is liable as for his own obligations, provided that he has assumed a corresponding separate obligation by express and separate declaration. The travel contract comes into effect through acceptance by the tour operator. The acceptance does not require any particular form. Upon or immediately after conclusion of the contract, the tour operator shall send the customer a written travel confirmation. The tour operator is not obliged to do this if the booking is made by the customer less than 7 working days before the start of the tour.
Tour operators and travel agents may only demand or accept payment of the tour price before the end of the tour if the customer has been sent the reservation confirmation. A deposit of 50% is to be paid no later than 5 days after receipt of the reservation confirmation. The balance is due 30 days before the start of the tour. In the case of bookings made within 30 days of the start of the tour, the full amount is due immediately.
The scope of services is exclusively determined by the travel confirmation, taking into account the advertisement on the website and in the brochure. However, the tour operator expressly reserves the right to declare a change in the brochure details for factually justified, considerable and unforeseeable reasons prior to the conclusion of the contract. Changes or deviations of individual travel services from the agreed content of the travel contract which become necessary after conclusion of the contract and which were not brought about by the tour operator contrary to good faith are only permitted insofar as the change and deviations are not substantial and do not impair the overall nature of the booked tour. Any warranty claims remain unaffected insofar as the changed services are defective. The tour operator is obliged to inform the customer of significant changes to services immediately after becoming aware of the reason for the change.
The participant expressly declares that from a medical point of view there are no objections to practising the sports offered. The tour operator does not assume any duty of supervision over underage participants, apart from his statutory duty of care.
When renting sports equipment, the tour operator is entitled to refuse to hand over any sports equipment if the hirer does not have the necessary qualifications. If the hirer’s lack of qualification (lack of control of the corrugated board, bicycle, violation of evasion and riding rules, endangering others, etc.) with regard to the safe use of the sports equipment only becomes apparent after handover, or if the hirer acts contrary to the instructions given, the tour operator may declare immediate withdrawal from the contract and retain the rental fee. The hirer is obliged to return the equipment on time. Meteorological events are to be taken into account and do not constitute a reason for late return. The hirer shall be liable for all damage and expenses incurred as a result of late return. In all other respects, the hirer is liable to the tour operator for all obligations arising from the rental contract as joint and several debtor. The tenant shall also be liable for any fault on the part of his co-occupants. At the beginning of the rental period, the tour operator may require the tenant to pay a deposit in cash. In case of damage, the tour operator is entitled to take from this deposit the costs for the settlement with the insurance company as well as for damages and losses which are not covered by the liability insurance and which have not arisen through normal use (wear and tear). The deposit paid is due for repayment immediately after it has been established that the equipment has been returned in good order and condition.
Cancellation of any sports equipment: up to the 30th day before rental, €10 will be charged, from the 29th day to the 15th day before rental, 50%, from the 14th to the 8th day before rental 80%, from the 7th day to the day of rental 90%, thereafter 100% of the rental fee. In any case, the customer is at liberty to prove to the tour operator that the tour operator has not suffered any damage at all or that the damage is considerably less than the flat rate demanded by the tour operator.
The safety and operational readiness of the sports equipment is ensured by regular inspections. Nevertheless, the participant/renter is obliged to check any sports equipment before each use. In the interest of all parties involved, each participant/renter is obliged to report any damage that has occurred immediately.
If the operational readiness of the sports equipment is no longer guaranteed due to non-observance of the instructor’s instructions or due to negligent or even intentional behaviour on the part of the participant/renter, the participant/renter shall have no claim to compensation for the loss of time caused by the recording of the facts and the rectification of faults.
The customer may withdraw from the tour at any time before the start of the tour. The date of receipt of the withdrawal declaration by the tour operator is decisive. It is recommended to declare the withdrawal in writing for reasons of proof. The cancellation becomes effective from the day on which it is received by the tour operator. If the customer withdraws from the travel contract or does not commence the tour, the tour operator may demand compensation for the travel arrangements made and for his expenses. When calculating the compensation, usually saved expenses and usually possible alternative use of the travel services are to be taken into account. The tour operator can calculate this claim for compensation as a lump sum, taking into account the following breakdown according to the proximity of the point in time of the withdrawal to the contractually agreed start of the tour, in a percentage ratio to the tour price:
– up to the 30th day before departure 20%, from the 29th to the 15th day before departure 50%, from the 14th to the 8th day before departure 80%, from the 7th to the day of departure 90%, thereafter and in the event of no-show 100% of the tour price.
Up to the start of the trip, the traveller may request that a third party take over the rights and obligations arising from his/her travel contract instead of him/her. A fee of 30 euros will be charged for this. The tour operator may object to the entry of the third party for good cause. If a third party enters into the contract, the entering third party and the traveller are liable to the tour operator as joint and several debtors for the tour price and the additional costs arising from the entry of the third party.
Rebooking requests by the customer will be taken into account, if possible, and will be charged at EUR 30.00 and treated as a cancellation of the travel contract with simultaneous re-registration subject to a fee. There is no entitlement to rebooking.
In any case, the customer is at liberty to prove to the tour operator that the latter has not suffered any damage at all or that the damage is considerably less than the flat rate demanded by him. The tour operator reserves the right to demand higher, concrete compensation in deviation from the above flat rates. In this case, the tour operator is obliged to specifically quantify and substantiate the requested compensation, taking into account the saved expenses and any other use of the travel service.
We recommend that you take out travel cancellation insurance. 8.
If the customer does not make use of individual travel services which were duly offered to him/her for reasons for which he/she is responsible (e.g. due to early return or other compelling reasons), he/she shall not be entitled to a pro rata refund of the tour price. The tour operator will endeavour to obtain reimbursement of the saved expenses from the service providers. This obligation does not apply if the services are completely insignificant or if a reimbursement is opposed by legal or official regulations.
The tour operator is entitled to withdraw from the travel contract or to terminate the travel contract after commencement of the tour in the following cases: The tour operator may terminate the travel contract without notice if the customer, notwithstanding a warning by the tour operator or its representative, persistently disturbs the tour or if he/she behaves in a manner contrary to the contract to such an extent that the immediate cancellation of the contract is justified. If the tour operator cancels the contract, he retains the claim to the tour price; however, he must take into account the value of the saved expenses as well as those advantages he gains from another use of the unused service, including the amounts credited to him by the service providers. The tour operator may withdraw from the travel contract due to failure to reach the minimum number of participants if it has specified the minimum number of participants in the respective tour description and the time by which the traveller must have received the declaration before the contractually agreed start of the tour at the latest and has clearly and legibly referred to this information in the travel confirmation. Cancellation must be declared to the customer at the latest on the fourteenth day before the agreed start of the journey.
If the tour is considerably impeded, endangered or impaired as a result of force majeure unforeseeable at the time of conclusion of the contract, the tour operator as well as the traveller may cancel the contract. If the contract is terminated, the tour operator may demand reasonable compensation for the travel services already rendered or still to be rendered at the end of the tour. The additional costs for the return journey shall be borne by the parties in equal parts. Otherwise, the additional costs shall be borne by the traveller.
The tour operator is liable for the conscientious preparation of the course and event, the careful selection and supervision of the service providers, the correctness of the course description and the proper provision of the contractually agreed service as well as for the conscientious performance of inspections to ensure the operational readiness of the sports equipment. The participation in course and leisure offers, the arrival, the use of the mentioned services as well as the stay is at the participant’s own responsibility. The tour operator is not liable for service disruptions in connection with services that are merely arranged as external services (e.g. flights, sporting events, excursions, exhibitions, flat arrangement, etc.). The tour operator’s liability does not extend to dangers that are inevitably associated with the sports and leisure activities and are consciously accepted by the participant and to such damages that the participant suffers during the exercise of sports and leisure activities due to the fault of other participants or third parties. The tour operator accepts no liability for the loss of or damage to participants’ property. Likewise, the tour operator excludes liability claims for personal injury and property damage. The equipment for participation in courses is provided to the participant free of charge. In case of loss or damage due to gross negligence, the participant is liable for its current value or equivalent replacement. The tour operator’s liability for contractual claims for damages by the participant shall be limited to three times the tour price for non-physical damage, insofar as damage is caused to the participant neither intentionally nor through gross negligence or insofar as the tour operator is responsible for damage incurred by the participant solely due to the fault of a service provider.
If the tour is not provided in accordance with the contract, the customer may demand redress. However, the customer is obliged to notify the tour operator immediately of any travel defect that has occurred. If he culpably fails to do so, the tour price shall not be reduced. This only does not apply if the notification is obviously futile or is unreasonable for other reasons. The customer is obliged to inform the tour guide at the holiday destination immediately of any defects. If there is no tour guide at the holiday destination, any travel defects must be brought to the attention of the tour operator at his registered office. The customer shall be informed of the availability of the tour guide or the tour operator in the service description, at the latest, however, with the travel documents. The tour guide is instructed to provide a remedy, insofar as this is possible. However, it is not authorised to recognise claims by the customer. If a customer wishes to terminate the travel contract due to a travel defect of the type described in § 615 c BGB in accordance with § 615 e BGB or for an important reason recognisable to the tour operator due to unreasonableness, the customer must first set the tour operator a reasonable deadline for remedial action. This does not apply only if remedial action is impossible or refused by the tour operator or if the immediate termination of the contract is justified by a special interest of the customer recognisable to the tour operator. The customer shall inform the tour operator if he does not receive the required travel documents within the period notified by the tour operator.
Claims for non-contractual performance of the tour must be asserted by the traveller against the tour operator within one month of the contractually agreed end of the tour. Claims by the traveller become time-barred within one year, § 651m BGB. If the traveller has asserted such claims, the limitation period is suspended until the day on which the tour operator rejects the claims. 14.
The traveller is responsible for complying with all regulations that are important for the execution of the tour. Travellers without German nationality are obliged to obtain information about passport, visa and health regulations from the relevant consulate. If entry regulations of individual countries are not complied with by the traveller, or if a visa is not issued in time through the fault of the traveller, so that the traveller is therefore prevented from taking part in the trip, the tour operator may charge the traveller the appropriate cancellation fees. The tour operator strongly recommends taking out travel cancellation insurance, travel accident insurance and foreign health insurance. Information about these insurances is available to the customer on request. 15.
Services of other organisers, which are marked accordingly in the service description, are only arranged by the tour operator with the consequence that the travel and business conditions of the respective external organiser apply. The tour operator is not liable for the provision of the service itself. Any liability in this case is governed by the terms and conditions of these third-party organisers, to which the customer is to be expressly informed and which are to be made available to him on request.
The participant agrees that he/she may be photographed and filmed during the trip at events and sporting activities and that this photographic material may be used in the marketing of elementsurf Reisen. The tour operator also points out that it may happen that journalists accompany the trips for recordings and reports. Any objection to the use of images must be submitted to the tour operator in writing.
17 Ineffectiveness of individual provisions
The invalidity of individual provisions of the travel contract or the general terms and conditions does not imply the invalidity of the entire travel contract.
The traveller can only sue the tour operator at the latter’s registered office. For legal action by the tour operator against the traveller, the traveller’s place of residence shall be decisive, unless the legal action is directed against registered traders or persons who have moved their place of residence or usual abode abroad after conclusion of the contract or whose usual abode is not known at the time the legal action is brought. In this case, the seat of the tour operator shall be decisive. In all other cases, the statutory provisions shall apply.
The law of the Federal Republic of Germany shall apply.
Status 01 October 2017