in the following called the "tour organizer"
1. Conclusion of the travel contract
1.1 The customer bindingly offers the conclusion of the travel contract to the tour organizer with the booking (travel registration). The travel advertisement and any sup-plementary information given by the tour organizer for the respective trip, so far as this is available to the cus-tomer, is the basis of this offer.
1.2 Travel brokers (for example travel agencies) and agencies administering services (for example hotels, transport companies) are not authorized by the tour organizer to make arrangements, give information or warranties, which change the stipulated contents of the travel contract, exceed the tour organizer's performances assured in the contract or contradict to the travel advertisement.
1.3 Any town or hotel brochures not published by the tour organizer are binding for the tour organizer and his obligation to render performance, so far as they have not been made object of the travel advertisement or contents of the obligation to render performance by the explicit agreement with the traveller.
1.4 4 The booking can be made orally, in writing, by phone, by fax or electronically ( e-mail, Internet). In the case of electronic bookings the tour organizer electronically con-firms the entry of the booking without delay.
1.5 The customer has to take responsibility for all contractual obligations of any fellow passengers he books for, as well as for himself, provided that he has accepted this re-sponsibility through an explicit and separate declaration.
1.6 The contract is achieved with the receipt of the tour organizer's declaration of acceptance. It requires no particular form. The tour organizer is to send a written confirmation of travel to the customer with or immediately after conclusion of the contract. He is obligated to do so if the booking has been effected by the customer fewer than 7 workdays before the beginning of the tour.
1.7 If the contents of the tour organizer's declaration of acceptance differ from the contents of the booking, a new offer by the tour organizer is at hand which he is bound to for the duration of ten days. The contract is achieved on the basis of this new offer if the customer accepts through explicit declaration, down payment or final payment to the tour organizer within the commitment period.
2. Payment
2.1 The tour organizer and the travel agent shall only claim or accept payments on the travel price before termination of the trip if the security note has been handed over to the customer. After conclusion of the contract a down payment of 20% of the tour price is due within 7 days against the surrender of the security note. The final payment is due 3 weeks before the beginning of the trip, provided that the security note has been delivered and the trip cannot be cancelled for the reason stated in no. 7a.
2.2 If the customer does not make the down payment and/or the final payment when due, the tour organizer 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. 4.3 to the customer's account.
3. Changes of performance
3.1 Any changes of fundamental travel performance differing from the stipulated contents of the travel contract, which become necessary after the conclusion of the contract and were not brought about by the tour organizer contrary to good faith, are only permitted, so far as the changes do not relevantly impair the overall concept of the trip.
3.2 Any possible warranty claims remain unaffected, so far as the changed performance has been flawed.
3.3 The tour organizer is obligated to inform the customer of substantial changes of performance immediately after be-coming aware of the reason for change.
3.4 In case of a relevant change of substantial travel per-formance the customer is entitled to repudiate from the travel contract free of charge or to demand to take part in a tour of at least the same value, if the tour organizer is capable of offering such a trip without extra charges for the customer. The customer is to assert these rights towards the tour organizer immediately after his declaration as to the change of travel performance or the cancellation of the trip.
4. Withdrawal of the customer before the beginning of the trip / cancellation costs
4.1 The customer can withdraw from the trip anytime before the beginning of the tour. His withdrawal is to be declared to the tour organizer at the above-mentioned address. If the tour has been booked via a travel agency, the withdrawal can also be declared to the agency. It is recommended that the customer declares his withdrawal in writing.
4.2 If the customer withdraws before the beginning of the tour or if he does not begin the trip, the tour organizer loses entitlement to the tour price. Instead, the tour organizer can demand a reasonable compensation for the travel arrangements made before the withdrawal and the expenses incurred depending on the respective tour price, provided he does not answer for the withdrawal or a case of force majeure is not at hand.
4.3 The tour organizer has scaled this compensation claim chronologically, that is, taking into consideration the closeness of the time of withdrawal to the contractually stipulated beginning of the trip generalized in a percentage proportion of the travel price and has considered any normally saved expenses and generally possible other uses of travel performance in the calculation of the compensation. The compensation is calculated according to the time of the receipt of the customer's notice of withdrawal as follows:
up to 21 days before the start of the tip 20%
from 20 to 14 days before the start of the trip 50%,
from 13 to 7 days before the start of the trip 70%,
from 6 to 3 days before the start of the trip 90%,
from 2 days before the start of the trip or in case of non-appearance 100% of the tour price.
5. Book transfers
The customer has no claim to changes as to the date of the trip or the destination after conclusion of the contract. If at the customer's request, however, a book transfer is made, the tour organizer is entitled to charge a processing fee of € 50 up to 3 weeks before the beginning of the tip. Afterwards the same costs arise as in case of a withdrawal.
6. Performance not called upon
If the customer does not call on individual travel perform-ance duly offered to him due to reasons he is to answer for (for example a premature return trip or other compelling reasons), he has no claim to a proportionate reimbursement of the travel price. The tour organizer will try to get re-imbursement of any saved expenses through the agencies ad-ministering services. This obligation is inapplicable if performance is totally insignificant or if a reimbursement stands in the way of legal or official requirements.
7. Withdrawal due to failure to achieve a minimum attendance
The tour organizer can only withdraw from the travel con-tract due to non-achievement of minimum attendance, if he
a) states the minimum attendance in figures and the point of time by which the traveller must have received the declaration before the contractually stipulated start of the trip in the respective travel advertisement and
b) has clearly legibly referred to these statements in the travel confirmation.
A withdrawal is to be announced to the customer no later than 20 days before the stipulated start of the trip at the latest. If the trip is not undertaken for this reason, the customer is immediately refunded any payments made on the travel price in full.
8. Termination for reasons of misconduct
The tour organizer can terminate the travel contract without observance of a time limit if the customer disturbs persistently despite being warned by the tour organizer or if he behaves in such a contract-breaching manner, that an immediate termination of the contract is justified. If the tour organizer terminates, he retains the claim to the travel price; however he must make allowance for the value of any saved expenses and the benefits he obtains from an otherwise utilized performance not called upon, including the amounts placed to his credit by the agencies administering services.
9. Incidental obligations of the customer
Notification of defects:
If the trip is not undertaken in conformity with the contract, the customer can demand relief.
The customer is, however, obligated to immediately notify the tour organizer of any travel shortcoming. If he negligently refrains from doing so, a diminution of the travel price will not arise. This is only inapplicable if the notification is discernibly pointless or unacceptable due to other reasons. The customer is obligated to immediately give his notification of defects to the tour management in the holiday resort. The tour manager is instructed to provide relief, provided that this is possible. He is, however, not authorized to acknowledge any claims of the customer.
10. Setting a deadline before termination
10.1 If a customer wants to terminate the tourist travel agreement due to a deficiency of the tour of the kind indicated in § 615 c Civil Code in accordance with § 615 e Civil Code or for an important reason discernible to the tour organizer due to unacceptability, he is to set a reasonable time-limit for the tour organizer to provide relief. This is only inapplicable if relief is impossible or if it is refused by the tour organizer or if immediate termination of the agreement is justified through a particular interest of the customer discernible to the tour organizer.
10.2 Duty to minimize damages:
The customer is to avoid the occurrence of a damaging event if possible and to keep occurred damage low. In particular he is to draw the tour organizer's attention to the danger of damage.
11. Limiting liability
11.1 The contractual liability of the tour organizer for damages which are not physical injuries is restricted to triple the amount of the travel price,
a) so far as damage of the customer was caused neither wilfully nor knowingly nor with gross negligence or
b) a) so far as the tour organizer is responsible for damage arising for the customer only due to a fault attributable to the agencies administering services.
11.2 The tortuous liability of the tour organizer for property damage not based on wrongful intent or gross negligence is restricted to the three-fold travel price. This maximum liability coverage applies to each customer and each trip.
11.3 The tour organizer is not liable for defaults in performance, personal injuries or property damages in connection with performance which is only arranged as services rendered by an outside party (for example excursions, sports events, theatre performances, exhibitions, traffic services from and to advertised places of departure and destinations), if these services have been explicitly designated in the travel description and the booking confirmation as services rendered by an outside party stating the arranging contractual partner so clearly that they are discernible to the customer as not being part of the travel performance of the tour organizer.
11.4 Waiver of liability of the customer:
With the registration all registered persons agree to the following declaration:
"I am completely aware of the risks of riding a motorcycle, especially of the increased risk of riding in a group. I am participating in the tour at my own risk. I agree that neither the tour organizer nor his agencies administering services can be rendered liable for any personal injuries or property damages or property loss arising during the tour. In this respect I undertake complete liability relating to civil and criminal law for any traffic accident I cause.
I oblige myself to wear appropriate protective clothing and a motorcycle helmet when riding a motorcycle."
12. Insurances
Apart from the travel security note no further insurances are included in the extent of performance. A travel cancellation insurance or personal insurance or motorist's letter of protection would be of great significance, if not yet at hand.
13. Pictures
The pictures taken by the tour guides during the tours are copyrighted property of the tour organizer and can be used by him for his own publicity purposes without costs accruing for the participant.
14. Exclusion of liability and limitation of actions
14.1 Any claims due to not undertaking the tour in conformity with the contract are to be asserted by the customer within a month after the contractually stipulated end of the tour. The assertion can be made only to the tour organizer at the address stated below/above complying with the agreed time-limit. After expiration of this deadline the customer can only assert claims if he has been prevented from observing the deadline without being at fault.
14.2 Any claims of the customer in accordance with §§ 651 c to 651 f Civil Code become statute-barred in one year. The limitation of actions begins on the day the tour is to end according to the contract.
14.3 If negotiations are in progress between the customer and the tour organizer as to the claim or the circumstances substantiating the claim, the limitation of actions is suspended until the customer or the tour organizer refuses to continue the negotiations. The limitation of actions begins to run not earlier than 3 months after the end of the suspension.
15. Regulations as to passport, visa and public health
15.1 The tour organizer will inform any citizens of a country of the European Union in which the trip is offered about regulations as to passport, visa and public health regula-tions before the conclusion of the contract and of any pos-sible modifications before the beginning of the trip. Citizens of other countries will be given information by the relevant embassy. In this case it is assumed that no peculi-arities in the person of the customer or possible fellow passengers are at hand (for example dual nationality, state-lessness).
15.2 The customer is responsible for procuring and carrying necessary travel documents, any necessary vaccinations and for observing customs and foreign currency regulations. Any disadvantages resulting from non-compliance of these regula-tions, for example payment of withdrawal costs, are charge-able to him. This is inapplicable if the tour organizer has culpably given no, insufficient or incorrect information.
15.3 The tour organizer is not liable for the timely issue and arrival of necessary visa through the relevant diplomatic embassy if the customer has engaged him to procure, unless the tour organizer has culpably neglected his duties.
16. Legal choice
Only German law applies to the contractual relationship between the customer and tour organizer. This is also valid for the complete legal relationship. If in case of lawsuits abroad of the customer against the tour organizer German law basically does not apply as to the liability of the tour organizer, German law applies exclusively regarding the legal consequences, especially with regard to kind, extent and amount of the customer's claims.
17. Jurisdictional venue
17.1 The customer can sue the tour organizer at his principle place of business only.
17.2 In case of lawsuits of the tour organizer against the customer the legal residence of the customer is relevant. In case of lawsuits against customers, respectively contractual partners of the travel contract, who are merchants, juristic persons under public or private law or persons who are resident abroad or whose residence is unknown at the time of the filing of a suit, the tour organizer's principle place of business as the jurisdictional venue is agreed on.
17.3 The aforementioned regulations are not valid
a) a) if and in as far as something else follows in favour of the customer from contractually not transactionable regu-lations of international agreements, which are applicable to the travel contract between the customer and the tour organizer,
b) a) if and in as far as regulations applicable to the travel contract, not transactionable in the member state of the European Union the customer belongs to, are more favourable to the customer than the following regulations or the corresponding German provisions.
18. Reference to termination due to force majeure
To terminate the travel contract the legal regulation in the Civil Code is referred to, which reads as follows:
"§651 j: (1) If the tour is made considerably more difficult, endangered or impeded as a result of force majeure unforeseeable at the conclusion of the contract, the tour organizer as well as the traveller can cancel the contract solely pursuant to this provision. (2) If the contract is cancelled in accordance with section 1, the provisions of §651 e, section 3, clause 1 and 2, section 4 clause 1 are applicable. Each party is to bear half of the additional expenses for the transport back. Otherwise the traveller bears the additional expenses."
As at May 2007
19. Owner and principle place of business
Klaus Maier
Dorfstraße 59
77767 Appenweier
Phone: ++49 (0) 78 05 . 91 65 585
Fax: ++49 (0) 78 05 . 91 06 84
As at May 2007
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