The following General Terms and Conditions of Travel (GTC), insofar as effectively agreed, become the content of the package travel contract concluded between the customer (= traveller) and the tour operator Action Sports Travel GmbH (hereinafter referred to as A.S.T.). The GTC supplement the statutory provisions of §§ 651a et seq. of the German Civil Code (BGB) and Articles 250 and 252 of the Introductory Act to the German Civil Code (EGBGB) and fill them out. When booking a package tour, the contractual partner of the tour operator is the traveller – in this respect it is irrelevant whether the traveller makes use of the package tour himself or whether he concludes the contract for another traveller.
These GTC do not apply if the traveler does not book a package tour within the meaning of §§ 651a et seq. of the German Civil Code (BGB), but only individual travel services (e.g. hotel only, rental car) from A.S.T. or if A.S.T. expressly acts as a travel agent for a package tour of another tour operator or individual travel services (e.g. flight only) or associated travel services pursuant to § 651w of the German Civil Code (BGB) and separately and unambiguously informs the traveller of this before booking. In these cases, the General Terms and Conditions of Travel/Business Conditions of the brokered package tour operator or service provider shall apply, provided that these have been effectively included in the brokerage contract.
1. Conclusion of the package travel contract
1.1 The following applies to all booking channels:
a) By registering for the tour (booking), the traveller offers A.S.T. the binding conclusion of the package tour contract for the specified persons.
b) The traveller shall be liable for all contractual obligations of fellow travellers for whom he makes the booking as for his own, insofar as he has assumed this obligation by express and separate declaration.
c) If the content of the travel confirmation differs from the travel registration, this travel confirmation shall be deemed to be a new offer to which A.S.T. is bound for a period of ten days. The contract shall be concluded based on this new offer, provided that A.S.T. has pointed out the change and has fulfilled its pre-contractual information obligations in this respect and the traveller expressly or conclusively declares acceptance to A.S.T. within the binding period by paying the tour price.
1.2 For a booking that is not booked in the electronic business transactions (e.g. in person, by telephone, in writing), the following applies:
a) By registering for the trip (booking), the traveller offers A.S.T. the binding conclusion of the package travel contract for the specified persons. A.S.T. recommends booking with the form provided for this purpose.
b) The contract is concluded upon receipt of the travel confirmation (declaration of acceptance) from A.S.T.. Upon or immediately after conclusion of the contract, A.S.T. will send the traveller a travel confirmation on a durable data medium. If the contract is concluded in the event of simultaneous physical presence, the traveller is entitled to a travel confirmation in paper form; the same applies if the contract is concluded outside business premises.
1.3 The following applies to a booking made via electronic commerce (e.g. on the internet):
a) The online booking procedure is explained to the traveller on the corresponding website or application (app).
b) The traveller has a corresponding correction option available for correcting his/her entries, deleting or resetting the entire online booking form, the use of which is explained.
c) The contract languages offered for the execution of the online booking are indicated.
d) Insofar as the text of the contract is stored by A.S.T., the traveller shall be informed of this and of the possibility of retrieving the text of the contract later.
e) By pressing the button or the button “Book tour bindingly”, the traveller offers the tour operator the binding conclusion of the travel contract.
f) Receipt of the booking (travel registration) will be confirmed to the traveller electronically without delay (confirmation of receipt).
g) The transmission of the booking (travel registration) by pressing the button “Book travel bindingly” does not constitute a claim of the traveller to the conclusion of a package travel contract with A.S.T. in accordance with his booking (travel registration). The package travel contract is only concluded upon receipt by the traveller of the travel confirmation from A.S.T., which is made on a permanent data carrier.
h) If the booking confirmation is made immediately after pressing the button “Make a binding booking” by means of a corresponding direct display of the booking confirmation on the screen, the package travel contract is concluded with the display of this booking confirmation, without the need for an interim notification of receipt of the booking pursuant to lit. f). In this case, the traveller shall be offered the option of storing the booking confirmation on a durable medium and printing it out. However, the binding nature of the package travel contract is not dependent on the traveller actually using these options for storage or printing.
1.4 A.S.T. points out that bookings of package tours at a distance (e.g. by telephone, by e-mail) cannot be revoked in accordance with §§ 312 para. 7, 312g para. 2 sentence 1 no. 9 BGB. However, a right of revocation exists if the contract for the package tour between A.S.T. and the traveller, who is a consumer, has been concluded outside business premises, unless the oral negotiations on which the conclusion of the contract is based have been conducted at the prior order of the consumer.
2.1 After conclusion of the contract, a deposit of 20% of the tour price is due, provided that the security certificate has been sent to the traveller in text form in accordance with § 651r para. 4 sentence 1 BGB, Art. 252 EGBGB. The remaining amount is due for payment four weeks before the start of the tour, provided that the tour can no longer be cancelled for the reasons stated in section 7.1 and the security certificate has been sent to the traveller in text form. If a tour can still be cancelled for the reasons stated in section 7.1, the remaining amount for this tour is only due at the time when the tour can no longer be cancelled by A.S.T.
2.2 In the case of bookings at short notice, i.e. bookings made so shortly before the start of the tour that the entire tour price is already due or A.S.T. can no longer cancel the tour due to the number of participants not being reached, the entire tour price is due for payment immediately after the security certificate has been sent in text form.
2.3 Premiums for insurance and other expenses such as cancellation and rebooking fees are due for payment in full after invoicing.
2.4 If the traveller fails to make the down payment or final payment by the respective due date despite having received a security note, A.S.T. is entitled to withdraw from the contract after issuing a reminder with a deadline and to charge the traveller with the cancellation costs regulated in section 4.1 ff. This shall only not apply if the traveller has a statutory or contractual right of retention or A.S.T. is not willing and able to duly provide the contractual services or has not fulfilled its statutory duties to provide information.
3. Benefits and changes in performance
3.1 A.S.T.’s obligation to perform arises exclusively from the content of the booking confirmation in conjunction with the catalogue or brochure valid for the time of travel, A.S.T.’s website, an individual offer or any other medium of A.S.T., subject to all information, notes and explanations contained therein as well as the pre-contractual information relevant for the booked package travel pursuant to Art. 250 § 3 EGBGB.
3.2 Within the scope of the coach tours operated by A.S.T., luggage is carried in normal volume, i.e. a maximum of one bag/one suitcase (no hard-sided suitcase) with max. 20kg (dimensions: 80x50x30cm) and one piece of hand luggage per person (max. 6kg). The luggage and all other items taken along must be supervised by the passenger when transferring as well as when loading and unloading. A.S.T. recommends taking out baggage insurance.
3.3 Employees of service providers (e.g. bus companies, hotels) and travel agents are not authorised by A.S.T. to give assurances or information or to make agreements that go beyond the travel description, the booking confirmation or the pre-contractual information pursuant to Art. 250 § 3 EGBGB (Introductory Act to the German Civil Code) of A.S.T., contradict them or change the confirmed content of the package travel contract.
3.4 Changes to or deviations from individual travel services from the agreed content of the package travel contract which become necessary after conclusion of the contract and which were not brought about by A.S.T. contrary to good faith are only permitted insofar as the changes or deviations are not significant and do not affect the overall nature of the booked package. Furthermore, these changes must be explained before the start of the tour. A.S.T. shall inform the traveller of the change in a clear, comprehensible and prominent manner on a durable data carrier.
3.5 In the event of a significant change to an essential characteristic of a travel service pursuant to Art. 250 § 3 No. 1 EGBGB (Introductory Act to the German Civil Code) or a deviation from a special requirement of the traveller which became part of the package travel contract, the traveller shall be entitled, within a reasonable period of time set by A.S.T.,
a) to accept the communicated change of the travel service or deviation of the particular requirement,
b) to withdraw from the contract without cancellation fees, or
c) to declare participation in any alternative package travel offered by A.S.T., if applicable.
If the traveller does not respond to A.S.T. or does not respond within the reasonable period of time set, the change or deviation shall be deemed to have been accepted. The traveller shall be informed of this, as well as of the significant change or deviation from a specific requirement, by A.S.T. without delay after becoming aware of the reason for the change, together with the notification of the traveller’s rights and the setting of a deadline for an explanation, in a clear, comprehensible and prominent manner on a durable data medium.
3.6 Any warranty claims shall remain unaffected insofar as the changed services are defective. If the replacement package tour or modified package tour is not of at least the same quality as the originally owed package tour, the tour price shall be reduced in accordance with Section 651m (1) of the German Civil Code (BGB); if A.S.T. incurs lower costs with equivalent quality, the difference shall be reimbursed to the traveller in accordance with Section 651m (2) of the German Civil Code (BGB).
4. Cancellation by the traveller before the start of the trip, transfer of contract (substitute person)
4.1 The traveller may withdraw from the package tour contract at any time before the start of the tour. The withdrawal must be declared to A.S.T. using the contact details provided at the end of the GTC. If the tour was booked through a travel agent, the withdrawal may also be declared to the travel agent. The traveller is advised to declare the withdrawal on a durable data medium.
4.2 If the traveller withdraws before the start of the trip or does not start the trip, A.S.T. loses the claim to the price of the trip. Instead, A.S.T. may demand reasonable compensation from the traveller. This shall not apply if A.S.T. is responsible for the withdrawal or if unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity which significantly impair the performance of the package tour or the transport of persons to the destination; circumstances are unavoidable and extraordinary if they are not within the control of the contracting party invoking them and their consequences could not have been avoided even if all reasonable precautions had been taken.
4.3 A.S.T. has defined this compensation claim to which it is entitled in the following cancellation flat rates. The calculation is made taking into account the time of the cancellation declared by the traveller up to the contractually agreed start of the journey, the expected saving of expenses and the expected acquisition through an alternative use of the travel services.
a) General cancellation fee:
Until 30th day before departure, 20% of the price per person
29th to 22nd day before departure, 30% of the price per person
21st to 15th day before departure, 40% of the price per person
14th to 7th day before departure, 65% of the price per person
from the 6th day before departure, 85% of the travel price per person
In case of non-arrival for the travel without prior declaration of withdrawal: 90% of the travel price per person.
b) Special cancellation fee part 1:
Group travel, which is calculated with free places and/or have a fixed price for a coach or accommodation as a service component, is subject to special deviating cancellation fees, which are expressly indicated in the respective travel advertisement/offer and the travel confirmation according to Art. 250 §§ 3, 6 EGBGB.
b) Special cancellation fee part 2:
In the case of group travel and individual travel for the destination country France with travel commencing in 2023, which are booked in the period from 01.11.2022 up to and including 30.03.2023, withdrawal from the travel contract can be declared free of charge up to 31.03.2023 for a lump sum of EUR 50 per booking. The lump-sum fee does not apply if the cancellation is made on the basis of § 651h para. 3 BGB (German Civil Code).
4.4 In any case, the traveller is at liberty to prove to A.S.T. that A.S.T. can only demand a significantly lower reasonable compensation due to the cancellation.
4.5 A.S.T. reserves the right to claim a higher, specifically calculated compensation instead of the above cancellation fees, insofar as A.S.T. can prove that significantly higher expenses were incurred than the applicable cancellation fee. In this case, A.S.T. is obliged to specifically quantify the compensation demanded, taking into account the expenses saved and less what it acquires through other use of the travel services, and to justify this at the traveller’s request.
4.6 The conclusion of travel cancellation insurance including pandemic cover is expressly recommended by A.S.T.. This is not part of the package travel contract and generally cannot be reimbursed in the event of cancellation of the travel contract; the same applies to the portion of travel cancellation insurance included in an insurance package.
4.7 If A.S.T. is obliged to refund the travel price because of a withdrawal, the refund must be made immediately, but in any case, within 14 days of the withdrawal.
4.8 The statutory right of the traveller to declare a transfer of the contract to another traveller (provision of a substitute participant) on a durable data medium in accordance with § 651e BGB (German Civil Code) remains unaffected by the above provisions, provided that this notification is received by A.S.T. no later than seven days before the start of the trip. A.S.T. may object to the transfer of the contract if the substitute does not fulfil the contractual travel requirements. In all other respects, the substitute participant and the traveller are jointly and severally liable to A.S.T. for the tour price and the reasonable and actual additional costs incurred because of the substitute participant joining the tour.
5. Rebooking by the traveller before the start of the trip
5.1 The traveller has no legal claim to a change in the date of travel, the destination, the place of departure, the accommodation or the mode of transport (rebooking). This does not apply, of course, if a rebooking is necessary due to incomplete or incorrect pre-contractual information pursuant to Art. 250 § 3 EGBGB; such a rebooking will be carried out free of charge for the traveller.
5.2 If A.S.T. makes a rebooking at the request of the traveller in accordance with Clause 5.1, Sentence 1, the traveller shall be charged for the expenses incurred by A.S.T. as a result of the rebooking up to the 30th day before the start of the journey, including in particular rebooking costs or cancellation costs (in the case of non-refundable fares) for booked accommodation and other destination services. The traveller will be clearly informed of these expenses prior to a rebooking, as well as of a changed travel price due to the rebooking due to current prices for the new bookings necessary with the service providers of A.S.T. or deviating seasonal times.
5.3 Rebooking requests by the traveller from 29 days before the start of the tour can only be carried out, if they can be carried out at all, after withdrawal from the travel contract in accordance with section 4.3 under the conditions applicable there and simultaneous re-registration. This does not apply to rebooking requests that only cause minor costs.
6. Unused services
If the traveller does not make use of individual travel services duly offered by A.S.T. for reasons for which the traveller is responsible, the traveller shall not be entitled to a pro rata refund of the travel price. The same applies if a service cannot be used because the traveller does not meet certain requirements (e.g. health requirements), although A.S.T. has fulfilled its pre-contractual information obligations in this respect A.S.T. will endeavour to obtain reimbursement of the saved expenses from the service providers. This obligation does not apply if the services are completely insignificant or if reimbursement is opposed by legal or official regulations. A.S.T. recommends taking out travel cancellation insurance.
7. Withdrawal due to non-achievement of the minimum number of participants and termination by A.S.T.
7.1 A.S.T. may only withdraw from the package tour contract due to non-achievement of a minimum number of participants, if A.S.T.
a) states the minimum number of participants in the pre-contractual information regarding the booked package tour, as well as the time by which the declaration must be received by the traveller before the contractually agreed start of the tour at the latest, and
b) states the minimum number of participants and the latest cancellation deadline in the travel confirmation.
Cancellation must be declared to the traveller no later than the date specified in the pre-contractual information and the travel confirmation. Should it already be apparent at an earlier point in time that the minimum number of participants cannot be reached, A.S.T. must immediately exercise its right of withdrawal.
If the trip is not carried out for this reason, A.S.T. must refund any payments made by the traveller without delay, but in any case within 14 days of the declared withdrawal.
7.2 A.S.T. may terminate the package tour contract without notice if the traveller persistently disrupts the performance of the tour despite a warning by A.S.T. or behaves in breach of contract to such an extent that the immediate cancellation of the contract is justified; this does not apply if behaviour in breach of contract has arisen due to a breach of pre-contractual information obligations. If A.S.T. terminates the contract, A.S.T. retains the claim to the travel price, but must take into account the value of the saved expenses as well as those advantages which A.S.T. gains from an alternative use of the services not used, including the amounts credited to it by its service providers.
8. Obligation of the traveller to cooperate
8.1 Travel documents
The traveller must inform A.S.T. or his travel agent with whom he booked the package tour if he does not receive the required travel documents (e.g. bus ticket, hotel voucher) within the period notified by A.S.T. despite full payment of the tour price.
8.2 Notification of defects
A.S.T. is obliged to provide the traveller with the package free of travel defects. Should this not be the case, the traveller is obliged to notify A.S.T. immediately of any travel defect. To this end, the traveller must immediately notify the A.S.T. representative on site of the defect. If an A.S.T. representative is not available on site and is not contractually owed, the traveller must notify A.S.T. directly of the defects that have occurred. The contact details of a local representative of A.S.T. and how to reach him/her as well as the contact details of A.S.T. for reporting travel defects can be found in the travel confirmation. The traveller also has the option of submitting his complaint to the travel agent with whom he booked the package tour.
The representative of A.S.T. is instructed to take remedial action insofar as this is possible. However, he is not authorised to recognise claims.
Insofar as A.S.T. was unable to provide a remedy as a result of a culpable failure to notify the defect, the traveller may neither assert claims for a reduction in price in accordance with § 651m BGB nor claims for damages in accordance with § 651n BGB.
8.3 Deadline setting before termination
If a traveller wishes to terminate the package travel contract due to a significant travel defect of the type described in § 651i BGB in accordance with § 651l BGB, the traveller must first set A.S.T. a reasonable deadline for remedial action. This shall only not apply if A.S.T. refuses to provide a remedy or if an immediate remedy is necessary.
8.4 Baggage delay and damage:
a) Damage to or delays in delivery of luggage must be reported immediately by the passenger to the bus driver and confirmed.
b) In addition, the damage, loss or delay of luggage must be reported immediately to A.S.T. in accordance with the explanations in section 8.2. Notification to the bus driver does not release the passenger from the obligation to report defects to A.S.T. in accordance with section 8.2.
9. Limitation of liability
9.1 The contractual liability of A.S.T. for damages not resulting from injury to life, body or health is limited to three times the travel price, insofar as these were not culpably caused. If international agreements or statutory provisions based on such agreements apply to a travel service, according to which a claim for damages against the service provider only arises or can only be asserted under certain conditions or limitations or is excluded under certain conditions, A.S.T. may also invoke these vis-à-vis the traveller. Insofar as further claims arise from international agreements or statutory provisions based on these, these shall remain unaffected by the limitation of liability.
9.2 A.S.T. is not liable for service disruptions, personal injury and material damage in connection with services that are merely arranged as third-party services, e.g. excursions, sporting events, if these services are expressly identified as third-party services in the travel description and booking confirmation, stating the identity and address of the arranged contractual partner, in such a clear manner that the traveller can recognise that they are not part of the A.S.T. package tour. However, A.S.T. shall be liable for these services if and to the extent that the damage suffered by the traveller was caused by A.S.T.’s breach of its duties of information, explanation or organisation.
9.3 A.S.T. shall not be liable for services which are used by the traveller as part of the package tour and which are not arranged or organised by A.S.T. or its local representatives but, for example, by the hotel or other persons or companies on their own responsibility.
10. Assertion of claims, limitation period, consumer dispute resolution
10.1 Claims in accordance with §§ 651i para. 3 no. 2, 4-7 BGB must be asserted by the traveller against A.S.T.. The traveller may also assert the claim via the travel agent with whom he/she booked the package tour. It is recommended to assert the claims on a durable data medium.
10.2 The traveller’s claims under the travel contract are subject to a limitation period of two years; the limitation period begins on the day on which the package tour was to end according to the contract.
10.3 The assignment of claims against A.S.T. to third parties who are not tour participants is excluded.
10.4 A.S.T. points out in accordance with § 36 VSBG (Consumer Dispute Resolution Act) that A.S.T. does not participate in dispute resolution proceedings before a consumer arbitration board and is not legally obliged to do so. Should a legal obligation to participate in such a dispute resolution procedure arise after printing or should A.S.T. participate voluntarily, A.S.T. will inform the travellers of this on a durable data medium. For contracts concluded in electronic legal transactions, reference is made to the European platform for online dispute resolution in accordance with Art. 14 (1) ODR Regulation at https://ec.europa.eu/consumers/odr/
11. Passport, visa and health regulations
11.1 A.S.T. informs the travellers about general passport and visa requirements of the country of destination, including the approximate deadlines for obtaining any necessary visas, as well as health formalities before conclusion of the contract and about any changes to these before the start of the journey.
11.2 The traveller is responsible for obtaining and carrying the travel documents required by the authorities, any vaccinations that may be necessary and for complying with customs and foreign exchange regulations. Any disadvantages arising from non-compliance with these regulations, e.g. the payment of cancellation costs, shall be borne by the traveller. This does not apply if A.S.T. has not provided information, or has provided insufficient or incorrect information.
11.3 A.S.T. is not liable for the timely issue and receipt of necessary visas by the respective diplomatic representation if the traveller has commissioned A.S.T. with the procurement, unless A.S.T. has culpably breached its own obligations.
12. Sports courses and programmes from A.S.T.
12.1 The tours organised by A.S.T. require increased fitness and health requirements due to their sporting character. Participation in the sports courses and programmes offered by A.S.T. requires mental and physical fitness. It is therefore recommended to have a sports medical examination before registering for a trip.
12.2 During the sports courses and programmes, the sports instructors and coaches must be followed. The traveller is obliged to comply with the local, national and international safety guidelines. Non-compliance will result in immediate exclusion without entitlement to a refund of the pro-rata costs for the relevant course or programme.
12.3 Travellers booking a sports course or programme must have the required experience as described in the advertisement. The local sports instructor in charge has the right to transfer the traveller to a sports course or programme suitable for his/her knowledge in case of lack of qualification.
13. Applicable law, jurisdiction
13.1 The contractual relationship between the traveller and A.S.T. shall be governed by German law.
13.2 The traveller may only sue A.S.T. at its registered office. A.S.T.’s place of residence shall be decisive for legal action against the traveller. For legal action against travellers who are merchants, legal entities under public or private law, the place of jurisdiction shall be the registered office of A.S.T., insofar as these GTC are applicable to the traveller’s company due to the absence of a framework agreement for the handling of business trips. The same applies to travellers who have their domicile or habitual residence in a third country or whose domicile or habitual residence is not known at the time the action is brought.
13.3 The above provisions do not apply
a) if and insofar as otherwise in favour of the traveller arises from non-contractual provisions of international agreements applicable to the package travel contract between the traveller and A.S.T., or
b) if and insofar as non-mandatory provisions applicable to the package travel contract in the EU member state to which the traveller belongs are more favourable to the traveller than the above provisions or the corresponding German provisions.
As at: 16.12.2022 / ©JD
Action Sports Travel GmbH
Germany 22297 Hamburg
CEO: Jens Höper
Phone: +49 40 254 94 331
Action Sports Travel GmbH would like to point out that bookings of package tours made at a distance (e.g. by telephone, e-mail) cannot be revoked in accordance with §§ 312 para. 7, 312g para. 2 sentence 1 no. 9 BGB. However, a right of revocation exists if the contract for the package tour between Action Sports Travel GmbH and the traveller, who is a consumer, has been concluded outside business premises, unless the oral negotiations on which the conclusion of the contract is based have been conducted at the prior order of the consumer.
Action Sports Travel GmbH generally recommends taking out travel cancellation insurance and foreign travel health insurance including coverage of repatriation costs in case of accident or illness. Furthermore, it is strongly recommended to pay attention to an included or separately concluded Covid 19 protection (“pandemic protection”) when taking out the insurance.