General conditions for travelling with HANSA_FLEX Event GmbH (Hereinafter: the Organizer)
Status: June 2007
1. Conclusion of Travel Contract
On registration, the participant makes a binding offer to conclude a Travel Contract with the Organizer. This is made by the participant, and also applies to all other participants included in the registration, for whose contractual obligations the registering participant stands surety, as he does for his own obligations, insofar as he has undertaken a corresponding separate obligation through an explicit and separate declaration. The Travel Contract comes into effect with the written acceptance (booking confirmation) by the Organizer, which is made immediately on receipt of the registration.
The booking confirmation contains all the essential details for the trip booked. If the content of the booking confirmation deviates from the content of the registration, this constitutes a new offer by the Organizer to which he is bound for a period of 10 days. The Contract comes into effect on the basis of this new offer if the participant declares his acceptance to the Organizer within the binding period. Starting the trip is also deemed to be acceptance.
A deposit of 20% per person becomes due with the handing over of the confirmation of booking and the risk coverage certificate within the meaning of Art. 651 paragraph k section 3 BGB [German Civil Code]. The risk coverage certificate serves to secure the customers' money (insolvency insurance). The remaining payment of the trip is due four weeks before the commencement of the trip and before travel documents are sent out, once it is certain that the trip can no longer be cancelled for the reason stated in Item 8. The sums to be paid for the deposit and the balance are shown in the booking confirmation.
Until the price of the trip has been paid in full, the Organizer has the right to withhold his services from the participant. Payments by bank transfer are to be made to the Organizer's account stated in the confirmation.
The scope of the contractually agreed services is stated in the service descriptions in the catalogue, and the details referring to them in the booking confirmation. The details in the catalogue are binding on the Organizer until a new catalogue is issued. However, the Organizer expressly reserves the right to declare changes to the details stated in the catalogue resulting from materially justified, significant, or unforeseeable reasons prior to concluding the Contract. The traveller will, of course, be informed of such changes prior to booking. Brochures for hotels, towns and boats are not binding on the Organizer. Travel agencies and booking offices are not authorized to make concessions or conclude agreements which differ from the Terms of Travel or the catalogue details. Customers' special requests must be expressly confirmed by the Organizer in order for them to form part of the contract. Services booked directly from third-party companies by the participant as external services are not included in the scope of services provided by the Organizer - for example transport to the rendezvous/start of stage, return transport, excursions, tours, exhibitions etc.
4. Changes to services and prices
Changes to individual trip services differing from the agreed content of the Travel Contract, which become necessary after conclusion of the Contract, and which are not caused by the organizer in breach of good faith, are only permitted if such changes or deviations are not significant and do not impair the overall nature of the trip booked.
Any claims under warranty are unaffected if the changed services are defective. The Organizer is obliged to inform the participants of any changes or deviations in the services immediately that they come to his knowledge. If necessary the Organizer shall offer the participant a different booking free of charge, or a free withdrawal. The Organizer reserves the right to change any prices confirmed on booking in case of increases in transportation costs or the fees charged for particular services (e.g. harbour or airport fees), or in case of changes in exchange rates which apply to the particular journey. Such changes may be made to the extent that their increase affects the cost of the journey per person or per seat, if there is a period in excess of 4 months between the conclusion of the Contract and the agreed date of travel. The Organizer must inform the participant immediately, but no later than 21 days before travel begins, of any significant change to the trip price or to a significant travel service. Price increases are not permitted after this point.
In the event of a price increase of more than 5 % or a major change to a significant travel service, the participant is entitled to withdraw from the Travel Contract without charge, or to demand participation in a trip of at least equal value, if the Organizer is able to provide such a trip from his range without extra cost to the traveller. The participant must lodge his claim to these rights with the Organizer immediately after the Organizer's notification of the price increase or change to the trip service.
5. Withdrawal by the participant, rebooking, substitute persons
a) The participant may withdraw from the trip at any time prior to its start. Receipt by the Organizer of the declaration to withdraw is definitive. It is recommended that the withdrawal is declared in writing. If the participant withdraws from the Travel Contract or does not start the trip, the Organizer loses his claim to the price of the trip. In lieu of this the Organizer can demand reasonable compensation for the trip preparations and expenses undertaken prior to the withdrawal from the trip, insofar as the withdrawal is not due to his fault, and no case of force majeure has occurred. For the calculation of such compensation, the normal savings in expenditure and the possible other use of the travel services must be taken into account. The participant also has the right to provide evidence that no costs, or lower costs than those stated by the Organizer in the lump sum (see below) were incurred in association with the withdrawal or the failure to join the trip. The withdrawal fees are also to be paid if the participant does not arrive punctually at the relevant rendezvous at the times stated in the travel documents, or if the trip is not started because of missing travel documents (e.g. passport or any necessary visas). The Organizer's trips are unique and individually planned adventure trips for a limited number of participants (usually only 10 participants per trip). As such an adventure trip requires extensive planning, the following compensation rate is taken as a basis for such calculation, which takes account of the expenses typically saved, and other typical possible uses of the travel services. Withdrawal fees:
up to 30 days before start of trip 20 %
from the 29th to the 15th day before start of trip 30 %
from the 14th to the 3rd day before start of trip 50 %
from the 2nd day before start of trip 90 % of the trip price.
The participant is at liberty to provide evidence that no costs or lower costs than those stated in the lump sums quoted here have been incurred due to the withdrawal.
b) Transfers of bookings to other participants in the place of the participant are in principle only possible on the basis of the mandatory conditions of Art. 651 b BGB [German Civil Code]. The Organizer can refuse entry of the third person into the Travel Contract if the substitute person does not satisfy the particular travel requirements of the off-road trip, or if statutory regulations or decrees by the authorities prevent his participation. If a third person enters into the Contract, both he and the original participant are jointly and severally liable to the organizer for the trip price and the extra costs incurred due to his entry.
c) Other rebookings
If changes to the date of travel, the destination, the place of starting the journey, the accommodation or transport (rebooking) are made at the request of the participant after the trip has been booked for a date within the published period of validity of the trip, the organizer can charge the participant a rebooking fee. Requests for rebooking can only be accepted up to 30 days before the start of the trip. Requests for rebooking by the participant which are made after expiry of this period can only be carried out, if a change to the booking is at all possible, following withdrawal from the Travel Contract according to the conditions of withdrawal, includeng the stated withdrawal charges, and simultaneous re-registration. The parties agree on a lump sum of € 40.-0 per participant and per change as the rebooking fee. The participant is at liberty to provide evidence that no costs or lower costs than the € 40.00 rebooking fee have been incurred as a result of the rebooking.
d) Administration, withdrawal and rebooking fees are due immediately.
6. Services not used
If the participant does not use individual travel services as a result of premature return, or for other compelling reasons, the participant has no claim to a pro-rata reimbursement. However, the Organizer will pass on to the participant any reimbursements made by service providers or income from other use of the services - taking into account the rebooking fees.
7. Withdrawal and notice of termination by the Organizer for reasons of conduct
Prior to the start of the trip, the Organizer may withdraw from the Travel Contract or terminate the Travel Contract after the start of the trip without complying with a period of notice if the Organizer fears that the trip will be seriously disrupted due to the participant’s behaviour or personal circumstances, or if the participant seriously disrupts the trip despite a warning from the Organizer, or breaches the terms of the contract to such an extent that immediate termination of the contract is justified.
In such cases however, the Organizer retains his right to the price of the trip. Any costs for return transport must be paid by the person causing the disturbance. There is no entitlement for compensation to the participant for equipment, inoculations or third party services which he has booked himself. The organizer must take into account the value of any saved expenses and the advantages which he obtains from alternative use of the service not used, including any sums credited to him by subcontractors.
8. Withdrawal due to failure to achieve the required minimum number of participants
The Organizer can only withdraw from the Travel Contract due to failure to achieve the minimum number of participants if
a) the minimum number of participants required for the trip or stage to go ahead is itemized in the relevant trip description, and the time before the contractual start of the trip by which the notification must have been sent to the participant is stated, and
b) the confirmation of booking has clearly and legibly pointed out these details.
Withdrawal is to be notified to the participant no later than the 28th day before the agreed start of the trip. If it is already foreseeable at an earlier time that the minimum number of participants cannot be reached, the Organizer must immediately exercise his right of withdrawal. If the trip does not take place for this reason, the participant shall receive an immediate refund of any payments made towards the price of the trip.
9. Termination of the Contract due to extraordinary circumstances
Both the organizer and the participant can terminate the contract if the trip is made much more difficult, endangered or impaired as a result of force majeure, e.g. internal unrest, war, acts of terrorism, natural catastrophes, Foreign Office warnings to travellers, or epidemics. If the contract is terminated, the Organizer can demand reasonable compensation for travel services already supplied or, which are to be provided for discontinuing the trip. If notice of termination takes place after the start of the trip, the Organizer is obliged to take any necessary measures for the return transport of the participants, in particular if the contract includes such return transport. The extra costs for return transport are to be borne by the parties in equal parts. Otherwise any extra charges are at the participant's expense.
10. Obligations of the participant
a) Notification of defects
If the trip is not conducted in accordance with the Contract, the participant can demand redress. However the participant is obliged to notify the Organizer immediately of any defect in the trip which occurs. If he is negligent in doing so, there will be no reduction in the trip price. This only does not apply if the notification is clearly futile or is unreasonable for other reasons. The participant is obliged to inform the tour manager of his complaint immediately and on the spot.
The latter is instructed to arrange redress insofar as this is possible. The tour manager is not entitled to recognize claims of any kind. If there is no tour manager on the spot, the Organizer is to be informed of any complaints regarding the trip at its registered office. The participant will be informed of the availability of the Organizer in the description of services, however, at the latest with the travel documents.
b) Setting of notice periods prior to termination
If a participant wishes to terminate the contract to travel on the grounds of unreasonableness because of a complaint concerning the trip of the type described in Art. 651 c BGB in accordance with Art. 651 e BGB or for a significant reason recognizable to the Organizer, he must set a reasonable deadline for the Organizer to arrange redress. This only does not apply if redress is impossible, or is refused by the Organizer, or if immediate termination of the contract is justified by the customer’s special interest, which is recognizable to the Organizer.
c) Loss and delay of luggage
The Organizer recommends that damage or delay in delivery when flying is urgently and immediately reported to the relevant airline on the spot by means of a property irregularity report (PIR.). As a rule, airlines refuse to provide compensation if the property irregularity report has not been completed. The property irregularity report should be made within 7 days for lost baggage, or within 21 days after the delivery of delayed baggage. Otherwise, loss, damage or misdirection of baggage is to be reported to the tour manager or to the local representative of the Organizer.
d) Travel documents
The participant must inform the Organizer if he has not received the required travel documents by the date advised by the Organizer.
e) Obligation to minimize damage
The participant must prevent the occurrence of damage as far as possible, and also keep any damage which occurs to a minimum. In particular, he is to make the Organizer aware of any damage risk.
a) If there is a defect, the participant can demand compensation without prejudice to a reduction in the trip price (reduction) or terminate by notice, unless the defect of the trip is due to a circumstance beyond the Organizer’s responsibility. He may also claim damages for wasted holiday time if the trip is frustrated or seriously impaired.
b) The contractual liability of the Organizer for damages which do not consist of physical injury is limited to three times the trip price, insofar as the damage suffered by the participant has been caused neither deliberately nor due to gross negligence by the Organizer. The limitation of liability to three times the trip price also applies if the Organizer is responsible for damage occurring to a participant due to the fault of a subcontractor.
c) The liability of the Organizer in tort for damage to property which is not due to a deliberate act or gross negligence is limited to three times the price of the trip.
d) The maximum liability according to the above items b) and c) applies per participant and trip. Any additional claims in respect of baggage according to the Montreal Treaty remain unaffected by these limitations.
e) The Organizer is not liable for disturbances to services, personal and material damages in association with services which are only arranged as third party services ( e.g. excursions, sports events, theatre visits, exhibitions, transport services to and from the published start and destination) if these services are expressly and clearly identified as such in the published trip information and the confirmation of booking, with details given of the contractual partner for third party services with which arrangements have been made, all in such a way that the participant can recognize they are not part of the travel services of the Organizer.
However, the trip organizer is liable
• for services which include the transportation of the participant from the stated starting point
of the trip to the stated destination, intermediate transport during the
trip and accommodation during the trip and also
if and insofar as damage to the participant has been caused by the Organizer breaching his duties to provide information,
explanation or organization.
f)The participant is solely responsible for separately-offered sports and other holiday activities. The participant must check the relevant sports facilities, equipment and vehicles before using them. The Organizer is only liable for accidents occurring during sports and other holiday activities, should he be at fault. The Organizer recommends that accident insurance is taken out for such activities.
g) Transportation is made on the basis of the conditions of the particular carrier. These are available on request. The rights and obligations of the Organizer and the participant in accordance with the German Travel Contract Law [Reisevertragsgesetz] and the General Terms of Travel are not restricted by the conditions of the relevant transport company. Every participant is solely responsible for punctual arrival at the departure airport.
h) The trips offered by the Organizer are so-called adventure trips, with significant demands placed on people and material. Extreme stress may occur when driving across difficult terrain or on difficult roads. In the country travelled through, sand, dust, high humidity and unfavourable altitude and weather conditions may affect the health and personal equipment of the participant (e.g. photographic and video equipment). The Organizer is not liable for damage or loss of this equipment, in the cases where he is not responsible for such loss or damage.
i) The participant is obliged to observe and comply with criminal and road traffic legislation in the relevant countries. Any costs caused by the participant because of crimes or offences will be borne by him.
12. Exclusion of claims and periods of limitation
a) The participant must lodge any claim for non-contractual performance of the trip within one month of the contractually planned time of the end of the trip. Claims will only be valid if lodged with the Organizer at the address given below within the deadline. After expiry of the deadline, the participant can only make a claim if he has been hindered from complying with the deadline through no fault of his own. However, this does not apply to the deadline for notification of damaged, delayed or lost baggage relating to flights in accordance with Item. 10 c. This must be reported within seven days for lost baggage and within 21 days of delivery for delayed baggage.
b) Claims of the participant in accordance with § § 651 c to 651 f BGB expire after one year. The period of limitation begins on the day on which the trip should end according to the contract. If negotiations concerning the claim or the circumstances giving rise to the claim are in progress between the participant and the Organizer, the period of limitation is suspended until the moment in which the participant or the Organizer refuse to continue the negotiations. The period of limitation ends, at the earliest, three months after the end of the suspension.
c) Assignment of claims against the Organizer is excluded. This does not apply to family members travelling together.
13. Obligation to provide information regarding the identity of air carriers
The EU ordinance on informing passengers of the identity of the air carrier performing the service obliges all travel Organizers, upon booking, to inform the participant of the identity of the airline providing all air transport services within the scope of the booked trip . If the carrier is not yet defined at the time of booking, a travel Organizer is obliged to inform the customer of the name(s) of the airline or airlines which will probably provide the flight. As soon as the Organizer knows which air carrier will provide the service, he must inform the participant. If the airline stated to the participant as the providing airline changes, this change must be informed to the customer by the travel organizer. He must immediately take all reasonable steps to ensure that the customer is informed of the change as quickly as possible.
14. Passports, visas and health regulations
a) The organizer will inform nationals of states of the European Community in which the trip is offered about passport, visa and health requirements before the contract is concluded, and of any changes before the start of the trip. The relevant Consulate will give information to nationals of other states. It is assumed that neither the participant nor any co-traveller has special circumstances (e.g. dual nationality, statelessness).
b) The participant is responsible for obtaining and carrying the necessary travel documents, any necessary inoculations and the compliance with customs and currency regulations. Any disadvantages due to the non-observance of these regulations e.g. payment of withdrawal costs, are at his expense. This does not apply if the Organizer has not provided information, or has provided insufficient or false information.
c) The Organizer is not liable for the punctual issue and receipt of necessary visas by the relevant diplomatic representation if the participant has instructed him to deal with this, unless the Organizer has negligently failed in his own duties.
15. Data protection
Personal data which the participant provides the Organizer is electronically processed and used to the extent that it is necessary to execute the contract. If the participant does not wish to receive information about current offers in future, he is requested to inform the Organizer at the address shown below.
16. Travel insurance
The following travel insurances are included in the trips offered by the Organizer: 5-star premium protection package with the HanseMerkur Reiseversicherung AG for world-wide travel up to 31 days (travel withdrawal insurance, holiday guarantee/discontinuation insurance, travel health insurance, emergency insurance, travel accident insurance, baggage insurance) The insurance conditions of HanseMerkur Reiseversicherung AG apply, a copy of which is available to the participant on request at any time and which will be sent to him, at the latest, with the booking confirmation.
German law applies exclusively to the contractual relationship between the participant and the Organizer. This also applies to the entire legal relationship. Insofar as German law does not apply de facto to claims abroad of the participant against the Organizer for the liability of the Organizer, German law will apply exclusively to legal consequences, in particular as regards the type, scope and scale of the customer's claims.
18. Place of jurisdiction
a) The participant may only sue the Organizer at its registered office.
b) The place of residence of the participant will be decisive for legal action by the Organizer against the participant. For claims against the participant and/or contractual partners in the Travel Contract who are merchants, legal persons under public or private law, or persons who have their residence or usual abode abroad, or whose residence or usual abode is unknown at the time of the suit, the registered office of the Organizer is agreed to be the legal place of jurisdiction.
c) The above conditions do not apply
• if and insofar as according to the mandatory provisions of international
treaties which apply to the Travel Contract between the participant and the Organizer
other conditions to the advantage of the participant pertain, or
• if and insofar the mandatory provisions of an
EU member State, of which the participant is a national are more favourable to the participant than the
above conditions or the corresponding German regulations.
HANSA-FLEX Event GmbH
Zum Panrepel 44 | 28307 Bremen, Germany
Amtsgericht Bremen [Bremen Magistrates' Court]
HRB 24014 [Commercial Register No.]
Manager: Thomas Armerding
* This program item is an optional service which may be booked and which is not a component of the trip and the trip price. On request, we would be pleased to inform you of the services provided by this third party company (cf. item 11 e of our Terms of Travel) and the appropriate prices.