Terms & Conditions

1. Conclusion of the tour contract

By means of registration, the client bindingly offers the tour operator the conclusion of the tour contract and accepts the travel conditions. The person who registers is also in charge of the contractual responsibilities of any additional persons he/she registers. The contract is binding once the tour confirmation has been delivered to the client by the tour operator (even if no initial deposit has been paid).

2. Payment

Upon receipt of the tour confirmation, the tour participant is obliged to pay an initial deposit amounting to 10 % of the price of the tour. The remaining sum is fully payable at the latest three weeks (six weeks in case of air journeys) prior to the tour departure date. The travel documents will be sent out to the client upon receipt of the full price for the tour, at the earliest 14 days prior to the tour departure date. If the tour participant fails to pay the full amount accordingly, his/her entitlement to the services of the tour operator ceases to exist. In addition, he/she is obliged to pay cancellation charges.

3. Scope of activity

The scope of our services equals our programme and brochures.

4. Change of prices

A change or increase of up to 5 % of the agreed price for the tour is permissible, provided that no more than four months have passed between the conclusion of the tour contract and the tour departure date. The operator reserves the right to amend the price in case of currency fluctuations, changes in the various cross rates of exchange and/or fuel costs, orders of the authorities, changes of legislation, increase in insurance costs, and other unforeseeable events. If the tour price is increased by more than 5 %, the tour participant has the right to withdraw from the contract without having to pay cancellation charges.

5. Change of services

Amendments, alterations or variations of individual services as agreed in the tour contract are admissible, provided they do not significantly affect the character of the tour or any essential tour services. Changes – be they due to organisational reasons or caused by the weather – may concern the travel route, accommodation for overnight stays or the itinerary. Additional expenses resulting from alterations will only be covered by the tour operator if the operator can be held responsible for them. If any changes regarding the means of transport are necessary to guarantee the smooth continuation of the tour, the operator reserves the right to make changes regarding the means of transport within the bounds of what is reasonable for the tour participant.

6. Cancellation

The tour participant has the right to cancel the booked tour at any time. The cancellation becomes effective as soon as the operator has received his/her declaration of cancellation in written form. Compensation for the expenditures of the tour operator shall be payable according to the following cancellation charge scheme:

Up to 30 (air journeys 60) days prior to the tour departure date: 10 %

from 21 days prior to the tour departure date: 30 %

from 14 days prior to the tour departure date: 60 %

from 7 days prior to the tour departure date: 90 %

in case of non-attendance: 100 % of the tour price.

NOTE: In case of cancellation of rebooked tours, the tour dates booked originally will be considered relevant.

7. Withdrawal by the tour operator

The tour operator reserves the right to withdraw from the contract up to two weeks prior to the departure date at the latest, if the minimum number of participants (i.e. 4 persons) has not been reached. In this case, rebooking will be carried out by the tour operator free of charge. Otherwise, the price for the tour paid by the client will immediately be refunded. Clients cannot claim any further demands.

8. Unutilized services

In case participants do not take advantage of individual services due to early return or other important reasons (e.g. injury of the participant), the operator will endeavour to achieve payment of refunds from the providers of the respective services for the services unused. However, the participant is not entitled to be refunded in this case.

9. Rebooking and registration of alternative participants

Rebooking is possible only with the consent of the tour operator. As soon as the rebooking has been confirmed, the tour operator charges a handling charge of minimum € 25.-. The operator may withdraw the entry of the third person if he/she does not meet the special requirements to participate, or if legal provisions or official orders conflict with his/her participation.

10. Conditions for participation

Any healthy person meeting the specific requirements for the various tours as stated in the programme (“levels”) and owning the necessary equipment may participate in our sports tours offered. Any participants who obviously do not meet the requirements and endanger other participants may be excluded from the entire tour or parts of the tour by the tour guide at any time. In this case, the client cannot claim refund of the tour price.
    

11. Cancellation by tour operator due to force majeure

If the tour has to be cancelled or is considerably affected, impeded or endangered due to force majeure not foreseeable at the time of the conclusion of the contract, both the participant and the operator can cancel the tour contract. The same applies if the tour has to be terminated or cannot be carried out due to extraordinary circumstances such as extreme weather conditions, injury of a participant, etc. Any additional expenses for return transport will be charged to the participant. In case the operator is able to cancel contracts with the various providers of services, participants will be rfunded the price of the tour less the handling charge.

12. Liability

The tour operator is liable for the diligent prearrangements and organisation of the tour, taking account of all customs and conventions of the respective destinations. In addition, the operator is liable for the diligent choice and control of providers of services and the accuracy of the description of all services stated in the programme.

13. Limited/Excluded liability

Since mountain biking involves a high degree of physical strain, participants should – if in doubt – consult a doctor on whether they are sufficiently fit for the physical strains of such a sports tour. Mountain biking is a dangerous sport. All participants bear the sole responsibility for any damage they cause themselves or others and participate in any mountain bike tours and other, similarly dangerous undertakings – general or of the sportive kind – at their own risk. Participants need to be fully aware of the fact that even with the tour guide applying utmost prudence, a certain residual risk cannot be totally excluded. The tour operator is not liable for any damage due to disregard of the road traffic act or the tour guides’ instructions. Neither is the operator liable for damage or loss of bicycles or luggage during the tour or in the course of transport. The tour operator does not accept liability for any interference of services provided by externals. In the event of accidents or damage, the operator is only liable, if they have been brought about by the operator by intention or gross negligence, but not if brought about by other participants or third parties.

14. Restriction of liability

The liability of the tour organiser is limited to the amount of the triple tour price. This applies also if the event of damage has been brought about by a provider of services. The operator’s liability is limited or excluded to the same extend as the liability of the providers of services concerned.

15. Guarantee

If the tour is not carried out as stated in the contract, participants have the right to demand redress. To do so, they shall notify the tour guide about any complaints at once. However, all participants are obliged to contribute to the removal of causes for disturbance within the bounds of what is reasonable and to make sure that damage can be avoided as far as possible. The tour operator has the right to redress by offering an alternative service of equal or higher value. In case of non-fulfilment of services as stated in the contract, the participant has to demand compensation for damages within one month of the end of the tour. This also applies if the non-fulfilment has already been reported during the tour.

16. Passport, visa, customs duty, foreign currency, health and safety regulations

Participants are personally responsible for observing rules and regulations regarding passport, visas, customs, foreign currency and health and safety. The tour operator is not liable for any disadvantages /damages due to a participant’s disregard of the abovementioned regulations. This applies also if the respective regulations are changed after the date of booking. Inability to participate in the tour due to disregard of the abovementioned regulations will be treated by the tour operator like a withdrawal from the tour prior to the tour departure date.

17. Liability for rental bikes

Tour participants are liable for any damage or loss of rental bikes included in the tour price.

18. Services provided by independent contractors

If the tour involves services such as hotel accommodation, bike rental, railway transport, etc., the terms and conditions of the providing party apply.

19. Validity of provisions

Each of these conditions shall be severable from the other. If any provision be declared invalid, illegal or unenforceable, then the remaining provisions shall nevertheless have full force and effect.

20. Venue of fulfilment of contract and court of jurisdiction

Venue of fulfilment of contract and court of jurisdiction: Rosenheim

21. Privacy of information

Participants consent to the sharing of their address and telephone for the establishment of a list of participants. Any personal information will be treated confidentially.

22. Tour operator

FAHRTWIND MOUNTAINBIKE-ERLEBNISSE

Peter Brodschelm, Wiesholz 1, 83122 Samerberg, Tel.: +49 08032-8989

Bank details: SPARKASSE Rosenheim,

bank code 711 500 00, account no. 500 297 767