Travel conditions (AGB)
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The following terms and conditions, insofar as they have been effectively agreed, become the content of the contract between the customer and the Mecklenburger Bicycletour GmbH (hereinafter referred to as the tour operator) of the package travel contract. They supplement the legal provisions of §§ 651 ay BGB (Civil Code) and Articles 250 and 252 of the EGBGB (Introductory Act to the BGB) and fill them out. All headings in these Terms are for convenience and are not intended to be in any way binding on the content or interpretation of the Clauses.
1a. position of Mecklenburger Bicycletour for mediated services
a) Insofar as the package tours of another tour operator are not expressly included in one of Mecklenburger Bicycletour GmbH offered and implemented package tour, offers Mecklenburger Bicycletour GmbH does not offer such package tours as its own, but as mediated package tours in accordance with § 651v BGB. These trips are marked with the symbol (PT) as partner tours.
b) Mecklenburger Bicycletour GmbH is neither a tour operator nor a contractual partner of the package travel contract that is concluded in the event of a booking insofar as package tours are offered as an agent. Mecklenburger Bicycletour GmbH is therefore not liable as an agent for the information provided by the tour operator on prices and services, for the provision of services itself or for damages from arranged package tours. The obligation to fulfill the legal pre-contractual information obligations as a travel agent as well as any liability of Mecklenburger Bicycletour GmbH from the mediation contract and from legal provisions, in particular according to mandatory regulations on telemedia and electronic commerce, remains unaffected.
c) The position of intermediary obliges Mecklenburger Bicycletour GmbH in particular, in the case of the respective offer to arrange a package tour on the agency position of Mecklenburger Bicycletour GmbH, stating the tour operator and contractual partner in the case of a booking.
d) Due to the above provisions, the liability of Mecklenburger Bicycletour GmbH from the mediation contract unaffected.
1b. Conclusion of the package travel contract
a) Through his travel registration, the customer offers the Mecklenburger Bicycletour GmbH (hereinafter referred to as the tour operator) bindingly accepts the conclusion of the package travel contract. The basis of this offer is the description in the catalog and the additional information from the tour operator for the respective trip, insofar as this is available to the customer when he registers.
b) The applicant (customer) also registers the trip for all other persons listed in the registration. The applicant declares that he/she is responsible for the contractual obligations of all persons listed in the application. The travel registration can be made in writing, verbally, by telephone, fax, e-mail or via the Internet.
c) The travel contract is only concluded upon receipt of the textual travel confirmation from the tour operator (by e-mail or post).
d) When booking a trip online, the following applies to the conclusion of the contract: The customer is guided step-by-step through the booking process. He has the opportunity to correct his entries during the online registration and can delete or reset them. By clicking on the “book with obligation to pay” button, the applicant makes a binding offer to the tour operator to conclude the travel contract. The electronic confirmation of receipt of the travel registration does not constitute acceptance of the travel contract by the tour operator. The contract is only concluded when the customer receives the booking confirmation from the tour operator.
e) If the travel confirmation sent to the customer by the tour operator deviates from the content of the customer's travel registration, then there is a new offer from the tour operator, to which he is bound for 10 days from receipt of the booking confirmation. The travel contract is concluded on the basis of this new offer if the customer accepts the offer within this period by means of an express and conclusive declaration or a deposit.
f) The tour operator expressly points out that, according to the statutory provisions, there is no right of withdrawal for package travel contracts that have been concluded at a distance (e.g. via letters, telephone calls, e-mails, telemedia or online services), but only the statutory right of withdrawal. and rights of termination (see also 4. Withdrawal by the customer, rebooking and substitute person). However, there is a right of withdrawal if the contract for travel services according to § 651a BGB has been concluded outside of business premises, unless the negotiations on which the conclusion of the contract is based were conducted on the basis of a previous order by the consumer; in the latter case there is no right of withdrawal.
2. Payment of the package tour
a) Payments of the travel price before the end of the trip may only be demanded by the organizer if the customer has been given a security certificate. After the conclusion of the contract, a deposit of 20% of the travel price is due against the delivery of the security certificate, which must be paid within 10 days of receipt of the invoice. The remaining payment is due 30 days before the start of the trip, provided that the security certificate has been handed over and the trip can no longer be canceled for the reason stated in Section 5. In the case of transfers from non-EU countries, the customer must bear the fees incurred for the transfer.
b) If the customer does not make one of his payments (down payment, final payment) on time, this entitles the tour operator, after an unsuccessful reminder with a grace period, to withdraw from the travel contract and to assert the cancellation costs agreed under (4. Withdrawal by the customer, rebooking and substitute person). and calculate them.
3. Prices and Services
a) The tour operator reserves the right to make changes to the catalog or travel description for legitimate reasons before the contract is concluded, about which the customer must of course be informed.
b) The travel price does not include the tourist tax/tourist tax or the bed tax. This is to be paid on site at the respective accommodation. For children up to 4 years of age Mecklenburger Bicycletour €10 per night charged for original tours. Any additional costs incurred by the individual service providers due to additional services used by the customer (e.g. minibar, wellness treatments not included in the package travel contract, etc.) must be paid by the customer directly to the service provider.
c) If the customer does not make use of individual travel services due to early return, illness or other reasons for which the tour operator is not responsible, the customer is not entitled to a pro rata refund. However, the tour operator will endeavor to obtain a refund from the service provider, provided the amounts are not very small, and will repay the corresponding amounts to the customer as soon as and to the extent that they have actually been reimbursed to the tour operator by the individual service providers.
4. Cancellation by the customer, rebooking and substitute person
The customer can withdraw from his booked trip at any time before the start of the trip. The cancellation must be explained to the tour operator. If the trip was booked through a travel agent, the cancellation can also be declared to them. It is recommended to declare the withdrawal in text form. The declaration takes effect on the day it is received by the tour operator.
If the customer cancels before the start of the trip or does not start the trip, the tour operator is entitled to demand reasonable compensation, insofar as the cancellation is not the responsibility of the tour operator or unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity, which significantly affect the execution of the trip. These circumstances are extraordinary and unavoidable if they are not under the control of the tour operator and consequently could not have been avoided even if all reasonable precautions had been taken.
The amount of the compensation is determined by the travel price less what the organizer has saved in terms of saved expenses and what he acquires through other use of travel services. The tour operator has set the following compensation flat rates, taking into account the period between the declaration of cancellation and the start of the trip and taking into account the savings to be expected.
The compensation will be calculated according to the respective cancellation scale after the date of receipt of the declaration of withdrawal.
a) For cycling and hiking trips
If you have to cancel the booked trip, we will charge you a fee of 30% of the travel price per person up to 20 days before the start of the trip. If you cancel between the 29th and 21st day we charge 30% of the travel price, between the 20th and 7th day we charge 60% of the travel price and between the 6th and 1st day before departure we charge 80% of the travel price. No show or cancellation on the day of arrival 90%. In any case, the customer is at liberty to prove to the tour operator that he has suffered no damage at all or that the damage was significantly lower than the flat-rate compensation demanded by him.
The tour operator reserves the right to demand higher, specific compensation instead of the above flat rates, provided that he can prove that he has incurred significantly higher expenses than the applicable flat rate. In this case, the tour operator is obliged to specifically quantify and document the compensation requested, taking into account the expenses saved and any other use of the travel services.
In any case, we recommend that you take out travel cancellation insurance! A reimbursement of the travel price after the start of the journey is generally not possible. However, the tour operator must reimburse the customer for the expenses and income saved by the withdrawal from any other use of the travel services. When rebooking the travel date, the itinerary or to another trip, we charge a rebooking fee of €30 up to the 50th day before arrival.
Your rebooking requests, which are made from the 29th day before the start of the trip, can only be carried out after cancellation of the travel contract at the cancellation flat rates listed above and simultaneous new registration, provided that their implementation is at all possible. You are responsible for the required papers or any visas. If you have to interrupt your trip due to missing or insufficient papers, we must treat this as a cancellation.
b) Separate cancellation conditions Bike & Boat:
You are responsible for the required papers or any visas. If you have to interrupt your trip due to missing or insufficient papers, we must treat this as a cancellation.
ba) If you have to withdraw from the booked trip, we will provide you with one up to 84 days before the start of the trip
A fee of 20% of the travel price per person will be charged. If you cancel between the 83rd and 42nd day we charge 30% cancellation fee, between the 41st and 28th day we charge 60% cancellation fee, between the 27th and 04th day we charge 80% cancellation fee. From the 03rd day before departure or in case of no-show 90% cancellation fee. You are at liberty to prove that no damage or a significantly lower damage has occurred than the flat rate requested by us. In any case, we recommend that you take out travel cancellation insurance! A refund of the travel price on the day of departure and after arrival is not possible.
bb) Separate cancellation conditions also apply to bike & boat trips in Italy. If you have to cancel the booked trip, we will charge you a fee of 90% of the travel price per person up to 10 days before the start of the trip. For cancellations between the 89th and 60th day we charge 40% cancellation fee, between the 59th and 30th day we charge 60% cancellation fee, between the 29th and 07th day we charge 85% cancellation fee, from the 06th day and if you do not show up, we charge 100% of the travel price per person.
bc) On bike & boat trips with the ships De Amsterdam, De Holland, De Willemstad, Magnifique I to IV, De Nassau, Mare fan Fryslan, Wapen van Fryslan, Leafde van Fryslan, MS Flora the following cancellation fees apply. If you have to cancel the booked trip, we will charge you a fee of 84% of the travel price per person up to 20 days before the start of the trip. If you cancel between the 84th and 43rd day, we charge a 30% cancellation fee, between the 42nd and 29th day we charge a 60% cancellation fee, and between the 28th and 01st day we charge a 90% cancellation fee. And if you don't show up, 100% of the travel price per person.
bd) The following cancellation conditions apply to the bike & sail trip with the Atlantis:
15% in case of cancellation up to 6 months before departure.
20% in case of cancellation up to 5 months before departure.
30% in case of cancellation up to 4 months before departure.
40% in case of cancellation up to 3 months before departure.
50% in case of cancellation up to 2 months before departure.
75% in case of cancellation up to 1 month before departure.
90% in case of cancellation up to 1 day before departure.
100% in case of cancellation on the day of departure.
be) The following fees apply to the tour WAT 04 with the sailor Elizabeth: after booking 20% / 5 to 4 months before the start of the trip 30% / 4 to 3 months before the start of the trip 40% / 3 to 2 months before the start of the trip 50% / 2 to 1 Month before departure 75% / 1 month to 1 day before departure 90% / on the day of departure 95%
bf) The following cancellation fees apply to the MS Primadonna: Up to 84 days before arrival 10% / from 83 to 42 days before arrival 50% / from 41 to 28 days before arrival 70% / from 27 to 4 days before arrival 90% / from 3rd day before arrival or no show 100%
bg) The following cancellation fees apply to trips with the a-rosa ships: All cruises if canceled up to 35 days before the start of the trip: 30% / 34th to 22nd day: 50% / 21st to 1 day: 90% / no-show: 95%
Should you be able to fill the vacant place with another suitable person after your withdrawal, we will only charge you the rebooking fee of €50. The customer has the right to prove to the tour operator that the reasonable flat-rate compensation to which the tour operator is entitled is significantly lower than the flat-rate compensation requested by him. The tour operator reserves the right to demand higher, individually calculated compensation instead of the above flat-rate compensation, provided that he can prove that he has incurred significantly higher expenses than the applicable flat-rate compensation shows. In this case, the tour operator is obliged to specifically quantify and justify the savings made by using the travel services elsewhere.
5. Withdrawal & termination by the tour operator
If the minimum number of participants for a group trip specified in the catalog for the respective trip is not reached, we can withdraw from the contract. This only applies if you have been informed by us at least 30 days before the start of the trip that the trip will not be carried out. Payments made will be refunded immediately. There are no further claims. In the event of cancellation for the above reason, the tour operator will not accept any reimbursement for third-party services such as train tickets and flights that the customer purchased outside of the range of services or on his own account. The tour operator can withdraw from the travel contract in whole or in part before the start of the trip or terminate the contract in whole or in part after the start of the trip without notice if the customer is dependent on being accompanied during the trip due to restricted mobility without the customer having informed this before the contract was concluded, or the customer is in a mental state that makes participation in the trip impossible or the customer poses a risk to himself or other people. Cancellation is also permissible if the traveler is clearly not up to the requirements of the trip physically or mentally or if the traveler disturbs the execution of the trip so persistently despite a warning with a deadline or behaves in breach of contract in such a way that the cancellation of the contract is immediately justified is.
In the event of termination or exclusion, the tour operator retains the right to the travel price, but must allow the value of the saved expenses or the benefits resulting from the termination or exclusion to be offset, which he obtains from using the unused services, plus those of Amounts credited to service providers.
The customer bears the costs for the return journey. The tour operator can withdraw from the contract before the start of the trip if he is prevented from fulfilling the contract due to unavoidable, extraordinary circumstances and he declares his withdrawal immediately after becoming aware of the reason for the withdrawal. The tour operator loses the right to the agreed travel price as a result of the withdrawal and must refund this to the customer within 14 days of withdrawal.
6. Customer's duty to cooperate / warranty/withdrawal/termination
The customer can request remedy if the trip is not provided in accordance with the contract. The customer is obliged to report the defect to the tour operator immediately and to request remedial action. If the tour operator is unable to remedy a culpably omitted notification of defects, the customer cannot assert any reduction claims under Section 651m BGB or claims for damages under Section 651n BGB. The tour operator can reject and refuse the remedy if it requires a disproportionate effort. If the customer withdraws from the travel contract due to a lack of travel, the customer must first set the tour operator a reasonable period of time to remedy the situation. A period for remedy is not required if the remedy is impossible or is refused by the tour operator. If the tour operator does not remedy the situation, the customer can withdraw from the travel contract in accordance with the statutory provisions. The customer can terminate the travel contract if the trip is significantly affected by the travel defect. Termination is only permissible if the tour operator has been given a reasonable period of time to remedy the situation and has allowed this period to pass without remedy.
7. Limitation of Tour Operator Liability
7.1. The contractual liability of the tour operator for damages that do not result from injury to life, limb or health and are not caused by culpable conduct is limited to three times the travel price.
7.2. The tour operator is not liable for service disruptions, personal injury and damage to property in connection with services that are only mediated as third-party services (e.g. mediated excursions, sporting events, visits to the theater, exhibitions) if these services are expressly stated in the travel description and the travel confirmation, stating the identity and The address of the mediated contractual partner was marked as external services so clearly that the traveler can see that they are not part of the tour operator's package tour and were selected separately. Sections 651b, 651c, 651w and 651y BGB remain unaffected by this.
7.3. However, the tour operator is liable if and to the extent that the damage to the traveler is caused by the breach of the tour operator's information, clarification or organizational obligations.
7.4. The tour operator is not liable for damage to the customer's luggage caused by damage to the luggage prior to departure. It is therefore strongly recommended to take out luggage insurance.
8. Statute of Limitations and Exclusion of Claims
Claims according to §651 i BGB are to be asserted against the tour operator or the travel agent who brokered the booking. The assertion in text form is recommended. Claims of the customer due to travel defects become statute-barred in two years: The statute of limitations begins on the day on which the trip is to end contractually.
9. Miscellaneous, information on data processing
The information in this prospectus is correct at the time of printing. The invalidity of individual provisions of the travel contract does not result in the invalidity of the entire contract. Unless regulated by the aforementioned provisions, the statutory regulations apply. Place of performance and fulfillment is Stralsund. We use the data provided by the customer in the travel registration to book and process the trip and to send you information and offers. You can find out more about the processing and storage as well as your rights as a data subject (in particular the right to information and the right to object) in our data protection declaration, which can be accessed at any time at www.mecklenburger-radtour.de/allgemein/datenschutz.de or in our office or which we would be happy to send you.”.
10. Price increase, price decrease
10.1. The tour operator reserves the right to increase the travel price agreed in the package travel contract in accordance with § 651f, 651g BGB and the following regulations, insofar as
(a) an increase in the price of transporting persons due to higher fuel or other energy costs,
b) an increase in taxes and other charges for agreed travel services, such as tourist taxes, port or airport charges, or
c) a change in the exchange rates applicable to the package tour in question has a direct effect on the travel price.
10.2. An increase in the travel price is only permissible if the tour operator informs the traveler in text form clearly and comprehensibly about the price increase and the reasons for it and notifies the calculation of the price increase.
10.3. The price increase is calculated as follows:
a) In the event of an increase in the price for the carriage of persons according to Section 10.1.a), the tour operator can increase the travel price in accordance with the following calculation:
• In the case of an increase related to the seat, the tour operator can demand the increased amount from the customer.
• Otherwise, the additional transport costs required by the transport company for each means of transport will be divided by the number of seats in the agreed means of transport. The tour operator can demand the resulting increased amount for the single seat from the customer.
b) In the event of an increase in taxes and other charges in accordance with 10.1.b), the travel price can be increased by the corresponding proportionate amount.
c) If the exchange rate increases in accordance with Section 10.1.c), the travel price can be increased to the extent that the travel has become more expensive for the tour operator as a result
10.4. The tour operator is obliged to grant the customer/traveller a reduction in the travel price at his request if and to the extent that the conditions specified in Section 10.1. have changed the prices, charges or exchange rates mentioned after the conclusion of the contract and before the start of the trip and this leads to lower costs for the tour operator. If the customer/traveller has paid more than the amount owed hereafter, the excess amount must be reimbursed by the tour operator. However, the tour operator may deduct the administrative expenses actually incurred from the additional amount to be reimbursed. The tour operator must provide evidence to the customer/traveller of the amount of administrative expenses incurred.
10.5. Price increases are only permitted if received by the customer up to the 20th day before the start of the trip.
10.6. In the case of price increases of more than 8%, the customer is entitled to either accept the change or withdraw from the package travel contract free of charge within a reasonable period of time set by the tour operator at the same time as notification of the price increase. If the customer does not expressly declare his withdrawal from the package travel contract within the period set by the tour operator, the change is deemed to have been accepted.
11. Travel documents
Once we have received the entire travel price, the applicant for the trip will receive the travel documents. Please inform us in good time if you have not received the required travel documents. If you would like additional documents (tour book, bicycle tour map), please make a note of this when registering for the trip and we will then provide you with the additional documents for a surcharge of €20 to €35. However, we do not send any additional documents unless we have a booking.
12. Separate travel documents for bike & boat
Once we have received the entire travel price, the person registering the trip will receive advance information about the booked trip and will only receive the additional materials such as maps and route recommendations, excursion and gastronomy recommendations on site on the ship. Information on different handling and scope of the documents can be found in the service section of the advertised programs. Additional materials are only available on site.
13. Mediation of third-party services
When booking insurance that is not part of the service description, the tour operator is only liable for arranging the external service, but not for providing the service content. The general terms and conditions of the respective contractual partners apply.
14. Travel Restrictions
Travel restrictions for people with restricted mobility Cycle and hiking tours as well as bike & boat trips are not suitable for people with restricted mobility.
15. Is important for your trip
A cycling trip requires your personal participation. You have to control your bike in traffic, on country lanes and in the wet and in the dark. You are responsible for complying with the road traffic regulations. Our tours are designed to be driven by a healthy, average person without the need for any special long-distance driving experience. If your health is up to the demands of such a trip, we ask you to have your doctor assess it in special cases. You are responsible for any damage you cause to yourself or others.
16. Insurance
In any case, we recommend that you take out travel insurance
17. Choice of law and place of jurisdiction, information on consumer dispute resolution
17.1. With regard to the Consumer Dispute Settlement Act, the tour operator points out that it does not take part in voluntary consumer dispute settlement. If consumer dispute resolution becomes mandatory for the tour operator after these travel conditions have been printed, the tour operator will inform the consumer of this in a suitable form. The tour operator refers to the European online dispute resolution platform www.ec.europa.eu/consumers/odr/ for all travel contracts concluded in electronic legal transactions.
17.2. German law applies. The customer can only sue the tour operator at his registered office. The place of jurisdiction for registered traders is Stralsund.
17.3. With the printing of this catalogue, the prices of the previous catalog lose their validity.
18. Customer Money Protection
R + V Allgemeine Versicherung AG
Raiffeisenplatz 1, 65193 Wiesbaden. www.ruv.de
Tour operator:
Die Mecklenburger Bicycletour
Zunftstrasse 4 · 18437 Hanseatic City Stralsund
HRB 8499 - district court Stralsund
Managing Director: Thomas Eberl
Tel: 03831-30-676-0, Fax 03831-30676-19
info@mecklenburger-radtour.de
As of October 2022
