General travel conditions Host GmbH
The following travel conditions (“Travel Conditions”) shall amend the stipulations §§ 651a et seq. Bürgerliches Gesetzbuch (German Civil Code, hereinafter “BGB”) shall govern the agreement in respect of travel services (“Travel Services”) acquired by a client(“Traveler”), from Host GmbH, Edisonstraße 63, 12459 Berlin (“Travel Operator”) by completing the corresponding booking form and thereby accepting the present Travel Conditions.
§ 1 Registration and confirmation
(1) The Traveler Services may be booked online on www.host-tour.de by entering his data.
(2) When completing and sending the booking form, Traveler submits a legally binding offer ready for acceptance to Travel Operator for the purpose of concluding an agreement according to which the Traveler acquires the Travel Services from the Travel Operator (“Travel Agreement”). The Travel Services are those outlined in the respective travel description and supplementary information provided by the Travel Operator and accepted by the Traveler by its booking. For the avoidance of doubt, brochures other than those provided by the Travel Operator do not constitute legally binding obligations for the Travel Operator.
(3) The Traveler’s offer is accepted, i.e. the Travel Agreement concluded, by the Travel Operator sending a booking confirmation to the Traveler. The booking confirmation will be sent to the Traveler via e-mail, together with an invoice. The Travel Operator shall not be obliged to send such booking confirmation to the Traveler if the Travel Services are booked less than seven (7) days prior to the commencement of the Travel Services.
(4) If the booking confirmation deviates from the Traveler’s request, this booking confirmation shall constitute a new offer of the Travel Operator legally binding for ten (10) days. In this case, the Travel Agreement is concluded on the basis of this new offer if the Traveler accepts said offer by explicit acceptance and/or payment to the Travel Operator in due time (whatever is the earlier).
§ 2 Payment
1. After conclusion of the Travel Agreement the first installment of 20% of the agreed consideration (“Travel Price”) shall be due and payable. The second (final) installment shall be due and payable no later than ninety (90) days prior to the commencement of the Travel Services without any further notice. The payment of the amount takes place via bank remittance to the Travel Operator’s bank account stated on the invoice. If the Travel Price is not fully received in the Travel Operator’s bank account in due time, without prejudice to any other rights or remedies, Travel Operator shall be entitled to terminate the Travel Agreement. If the Travel Operator terminates the Travel Agreement, the Travel Operator is entitled to charge a fixed allowance of 50 EUR per Traveler.
(2) Different from § 2 (1) of the Travel Conditions shall not apply to TOUR Transalp nor Maxxis BIKE Transalp. In this respect, the following shall apply: Upon conclusion of the Travel Agreement, Traveler shall transfer the first installment of 20% of the Travel Price by wireless transfer to the Travel Operator’s bank account stated on the invoice. The second (final) installment shall be transferred to the Travel Operator’s bank account no later than March, 31st 2020. In case the first installment is not fully received in due time in the Travel Operator’s bank account within 15 days after the conclusion of the Travel Agreement or in case the second installment is not fully received in due time, without prejudice to any other rights or remedies, Travel Operator shall be entitled to terminate the Travel Agreement. If the Travel Operator terminates the Travel Agreement, the Travel Operator is entitled to charge a fixed allowance of 50 EUR per Traveler.
§ 3 Changes to the Travel Services and/or the Travel Price
(1) Alterations or deviations to the agreed Travel Services, indispensable after the conclusion of the Travel Agreement which are not caused by the Travel Operator contrary to good faith shall only be permitted if and to the extent they do not materially impair the overall concept of the agreed Travel Services. Rights and remedies of the Traveler in case of the substituting Travel Services not being free from defects remain unaffected. The Travel Operator shall inform the Traveler of any changes of the Travel Services without undue delay.
(2) In case of a material change to a fundamental part of the agreed Travel Services, the Traveler shall be entitled to terminate the Travel Agreement free of charge or to request for equivalent travel services, if Travel Operator is able to offer alternative travel services without extra charges for the Traveler. The Traveler shall exercise said rights immediately after Travel Operator’s informing him of the change or cancellation of the Travel Services.
§ 4 Cancellation of the Traveler prior to the Travel Services, Non-Appearance, Replacement
The Traveler shall be entitled to cancel the Travel Agreement at any time prior to the commencement of Travel Services(“Cancellation”). In case of Cancellation or if the Traveler does not even commence using the Travel Services (“Non-Appearance”), the Traveler shall be relieved from its obligation to pay the Travel Price. Instead, the Travel Operator shall be entitled to a reasonable compensation for the travel arrangements made prior to the Cancellation/Non-Appearance and the expenses incurred depending on the respective Travel Price.
The Travel Operator’s compensation shall be a lump-sum taking into consideration saved expenditures and possible alternative uses. The amount of compensation is stipulated under § 4 (2) of the Travel Conditions. The Traveler reserves the right to prove that the Travel Operator did not incur any loss or that the loss was substantially less than claimed by the Travel Operator.
Travel Operator reserves the right, by way of deviation from the listed lump-sum, to claim a higher, specific compensation, in case he is able to prove substantially higher expenditures than the applicable lump-sum. In the event that Travel Operator exercises his right to claim a higher amount of compensation, he shall be obliged to set out details relating to his claim and to provide documentary evidence for the same.
(2) Compensation in the event of a Cancellation/Non-Appearance
In the event of a Cancellation/Non-Appearance by the Traveler according to § 4 (1) of the Travel Conditions above, the Traveler shall pay the following lump-sum compensation:
up to 31 days prior to commencement of the Travel Services: 20% of the Travel Price
from 30 days prior to commencement of the Travel Services: 40% of the Travel Price
from 24 days prior to commencement of the Travel Services: 50% of the Travel Price
from 17 days prior to commencement of the Travel Services: 60% of the Travel Price
from 10 days prior to commencement of the Travel Services: 80% of the Travel Price
from 3 days prior to commencement of the Travel Services until the start of the agreed Travel Services: 90% of the Travel Price
in case of Non-Appearance: 90% of the Travel Price
(3) Replacement of participants
The right of the Traveler to replace participants in accordance with § 651 b BGB, remains unaffected by the provisions above.
§ 5 Travel Services not used
If the Traveler does not use certain Travel Services (wholly or partly) duly offered to him due to breaking-off the Travel or for other reasons, any claim for a (partial) reduction/reimbursement of the Travel Price shall be excluded. Travel Operator will use reasonable efforts to convince the service providers to provide reasonable re-imbursement due to saved expenses unless the performance is wholly immaterial or if a re-imbursements are legally prohibited or impossible due to administrative reasons.
§ 6 Termination due to breach of agreement/important cause
If Travel Operator terminates the Travel Agreement according to § 314 BGB, its payment claim shall remain unaffected thereof; however saved expenses and the benefits due Travel Services otherwise utilized shall be deducted, this shall include those amounts credited by the service providers.
§ 7 Cancellation of the Travel Agreement due to force majeure
With regard to the cancellation of the travel agreement due to a force majeure event, § 651 j BGB shall apply: (1) If usage of the Travel Services becomes dangerous, seriously disturbed or impaired, due to a force majeure event, each of the Tour Operator and the Traveler shall have the right to cancel the Travel Agreement in accordance herewith. (2) If the Travel Agreement is cancelled in accordance with § 651 j (1) BGB, the provisions of § 651 e (3), clause 1 and 2, and (4) clause 1 BGB shall apply. The additional costs incurred for the return transport of the Traveler shall be borne equally by both parties. Except for the foregoing, the Traveler shall bear the additional expenses.
§ 8 Limitation of liability
(1) Limitation of contractual liability
The contractual liability for damages that are not damages of life, body and/or health shall be limited to three times the Travel Price a. as long as the damage is not caused willfully or through gross negligence, or b. as long as the Travel Operator is responsible for the damage caused to a Traveler because of the fault of a service provider.
(2) Limitation of tortious liability
The Travel Operator’s tortious liability for damages to property that are not caused willfully or through gross negligence shall be limited to three times the Travel Price. The maximum liability shall apply per Traveler and per Travel.
(3) Limitation of liability for external services
Travel Operator shall not be liable for any mal-/non-performance, personal damages and/or damages to property caused by third-party services that the Travel Operator has merely brokered (e.g. excursions, sporting events, theater performances, exhibitions, transportation services to and from the described departure and destination points), provided in the service description and reservation confirmation the contractual partner hired to carry out these services has been named and these services have been clearly labeled as third-party services in such a way that they can be recognized by the guest as not forming a part of the Travel Services provided by the Travel Operator. The Travel Operator, however, shall be liable as follows: a) for services that include the transportation of the guest from the described departure point of the journey to the described destination, intermediate transportation during the Travel Services and accommodation during the Travel Services. b) to the extent to which the Traveler suffers damages as a result of a failure on the part of Travel Operator to fulfill its obligation to inform, explain or organize.
§ 9 Warranty
(1) Relief and obligation to co-operate
If the Travel Services are not rendered as set out in the Travel Agreement, the Traveler can demand rectification. This requires – without prejudice to the Travel Operator’s prevailing obligations – the Traveler’s cooperation. Hence, the Traveler is required to undertake whatever may be reasonably expected to contribute in order to eliminate the defect and to mitigate or avoid potential damages. In particular, the Traveler shall communicate his complaints to the Travel Operator immediately. This does not apply if the notification is clearly futile or unreasonable for other reasons. For this purpose, the Traveler has to contact the local representatives of Travel Operator on site. The latter have been advised to provide rectification if possible. However, they are not authorized to legally acknowledge any claims made by Traveler. If the travel documents contain no reference to a local representative, the Traveler shall get in touch directly with the Travel Operator. The Travel Operator can be reached under the collective number +49 30 577 02 57 92 or under the e-mail-address email@example.com, Monday to Friday between 10 a.m. and 5 p.m. or under the contact information stated in the travel information.
(2) Cancellation of the Travel Agreement after period of grace
If the Traveler intends to cancel the Travel Agreement according to § 651e BGB due to mal-performance as described in § 651c BGB or due to an important cause which is apparent to Travel Operator, the Traveler shall be obliged to first set a reasonable deadline for remedying the respective defect. This shall not apply, only if rectification is impossible or rejected by the Travel Operator, or if immediate cancellation of the Travel Agreement is justified due to important reasons of the Traveler apparent to the Travel Operator.
(3) Travel information
The Traveler shall inform the Travel Operator in a timely manner if he does not receive his travel information within the given time-limit.
§ 10 Exclusion of rights
(1) Claims based on the mal- or non-performance of Travel Services according to §§ 651c through 651f BGB must be filed by the Traveler, i.e. notified to the Travel Operator (address set out above) no later than one (1) month after the scheduled end of the Travel.
(2) Said period begins on the day following the contractually scheduled end of the Travel Services. If the final day of the time-limit is a Sunday, a bank holiday, a generally recognized holiday or Saturday, expiry of the time-limit shall be on the next working day.
(3) After expiration of this time-limit Traveler can only assert claims if he is not responsible for the non-observance.
§ Limitation period
(1) The Traveler’s Claims for damage of life, limb and health according to §§ 651c through 651f BGB due to a willful or grossly negligent breach of duty on the part of the Travel Operator, his legal representative or any of the Travel Operator’s agents expire within two years and shall be time-barred after expiry. The two year time-limit shall also apply to claims for compensation for other damages suffered due to a willful or grossly negligent breach of duty on the part of the Travel Operator, his legal representative or any of the Travel Operator’s agents.
(2) All other claims according to §§ 651c through 651f BGB expire within one (1) year.
(3) The time-limit according to § 11 (1) and § 11 (2) of the Travel Conditions begins on the day after the Travel Services. If the last day of the time-limit falls on a Sunday, a bank holiday, a generally recognized holiday or Saturday, expiry of the time-limit shall be on the next working day.
§ 12 Travel insurance
The Travel Price does neither include cancellation insurance nor a travel break off insurance. If the Traveler cancels prior to the commencement of Travel, he has to pay a compensation according to § 4 (2) of these General Travel Conditions. In the case of breaking off the Travel Services, additional costs of return travel and other costs can occur. Therefore, it is recommended to obtain separate insurance cover. Due to a changed legal situation in Germany, no travel insurances certificates are issued in case of an insolvency
§ 13 Data collection and processing
The careful handling of Traveler’s personal data is of high importance to the Travel Operator. When processing the personal data of the Traveler, the Travel Operator acts according to the legal provisions in force and protects the identity and privacy of the Traveler. In the course of registration and during usage of the services provided by the Travel Operator, personal information can be collected, processed or used. Below, the Traveler shall be informed about the handling of his information. Traveler can print or save this document by using the usual functionality of his browser (e.g.: file / save as).
(1) General provisions
a. Responsible body
Responsible body for collection, processing and use of the personal data according to § 3 Bundesdatenschutzgesetz is Host GmbH, Edisonstraße 63, 12459 Berlin.
b. Possibility of opposition
In any case, the Traveler wants to object to the collection, procession or usage of his personal data by the Travel Operator according to these data collection and processing conditions in whole or for single measures, he can object by sending his objection by e-mail, fax or letter to the following contact data: Host GmbH, Edisonstraße 63, 12459 Berlin, firstname.lastname@example.org, Fax: + +49 30 269 489 99.
(2) Collection, procession and usage of personal data
In the course of the booking process and during usage of the website personal data can be collected, processed and used
a. Personal Data
Personal data are details about personal or objective affairs of an identified or identifiable person. Personal data include in particular such details as a person’s name, telephone number, addresses or e-mail-addresses. Statistical data which the Travel Operator collects e.g. during the visit of a person’s website which cannot directly be put in connection with Traveler do not fall under personal data.
b. Collection, procession and usage of personal data
The protection of Traveler’s data is a key concern of Travel Operator. Travel Operator will forward or otherwise transfer Traveler’s personal data to third parties only if this is required for the purposes of Travel Agreement processing or after Traveler has given his prior consent. The forwarded or otherwise transferred data may be used by third parties only in order to perform their obligations. Any other use of the data by third parties is not permitted.
Personal data which are stated by the Traveler in the course of the booking will be saved and processed only for the purposes of implementation and management of the Travel Services. This is particularly the case for data necessary for establishing the identity of Traveler or handling the payment (§ 28 Bundesdatenschutzgesetz). By completing the booking process, the Traveler agrees to his data being saved for this purpose. In addition, the Traveler agrees to the Travel Operator making use of his personal data for internal market research purposes.
d. Distribution of data to third parties
The Travel Operator will forward or otherwise transfer Traveler’s personal data to third parties only if this is required for the purposes of concluding the Travel Agreement and Travel Agreement processing, if this is permitted by law and if Traveler has given his prior consent. The Traveler’s data will not be forwarded or otherwise transferred to third parties for any other reasons.
The Traveler hereby gives his consent that his personal data can be forwarded to third parties for the purposes of implementation and management of the Travel Services.
(3) Deletion of data
The Traveler’s personal data will be deleted when the Traveler makes use of his Cancellation right in so far as legal storage obligations do not contradict and if the data are not needed anymore for the reason they were initially saved or when saving the data is not allowed for other legal reasons.