GENERAL TERMS AND CONDITIONS OF TRAVEL
GENERAL TERMS AND CONDITIONS OF TRAVEL (GTT) OF ACTION SPORTS TRAVEL GMBH STATUS 01.07.2018
The following General Terms and Conditions of Travel (GTT) are, as far as effectively agreed, become the content of the package travel contract arising between the customer (= traveller) and the tour operator Action Sports Travel GmbH (hereinafter referred to as AST). The GTT supplements and complies with the statutory provisions of §§ 651a ff. BGB and Articles 250 and 252 of the EGBGB. When booking a package travel the contractual partner of the tour operator is the traveller – it is irrelevant whether the traveller uses the package travel themselves or if they conclude the contract for another traveller.
These GTT expressly do not apply if the traveller does not book a package travel in the sense of §§ 651a ff. BGB, but only individual travel services (e.g. hotel only, rental car) from AST. This also applies if the traveller is issued a security note to secure the paid travel price for the individual travel service or if AST expressly acts as a travel agent of a single travel service or associated travel services in accordance with § 651w BGB and the traveller is notified of this before booking separately and unequivocally.
Furthermore, these GTT do not apply to contracts for travel, as far as the traveller is an entrepreneur, with whom AST has concluded a framework agreement for the organisation of business trips in accordance with § 651a Abs. 5 lit. 3 BGB for the entrepreneurial purposes of the traveller.
1. Conclusion of the package travel contract
1.1 The basis of this offer is the tour description of AST in the catalogue or prospectus, on its website, in an individual offer or other medium of AST, together with additional information from AST for the respective tour, as far as these are available to the traveller when booking.
Through the travel registration (booking), the traveller provides a biding offer to AST for conclusion of the package travel contract for the specified persons. The traveller is responsible for all contractual obligations of fellow passengers for whom they makes the booking, as if they had booked the tour for themselves, as far as the traveller has undertaken this obligation by an explicit and separate declaration.
1.2 The contract is concluded upon receipt of the travel confirmation (declaration of acceptance) from AST. Upon or immediately after conclusion of contract, AST will provide the traveller with a travel confirmation on a durable medium. Insofar as the contract is concluded with simultaneous physical presence, the traveller has the right to a travel confirmation in paper form; The same applies to a contract concluded outside of business premises.
1.3 If the travel confirmation differs in content from the travel registration, this travel confirmation is considered as a new offer to which AST is bound for a period of ten days. The contract is concluded on the basis of this new offer, as far as AST has pointed out the change and has fulfilled its pre-contractual information obligations and the traveller expressly or conclusively accepts the acceptance within the binding period AST by (payment) of the travel price.
1.4 AST points out that bookings of package travel made as part of distance selling (e.g. by phone, by email) cannot be revoked in accordance with §§ 312 para. 7, 312g para. 2 sent. 1 no. 9 BGB. However, a right of withdrawal exists when the contract for the package travel between AMS TOURS and the traveller who is a consumer has been concluded outside of business premises, unless the oral proceedings, on which the conclusion of the contract is based, we conducted based on prior ordering by the consumer.
2.1 After conclusion of the contract, a down payment of 20% of the travel price shall be due, provided that the security note has been sent to the traveller in text form in accordance with § 651r (4) sent. 1 BGB, Art. 252 EGBGB. If the travel cannot be cancelled for the reasons stated in 7.1 and the security note has been sent in text form, the balance is due four weeks before departure. If the travel can still be cancelled for the reasons stated in 7.1, the remainder of this travel amount is only due at the time at which the travel can no longer be cancelled through AST.
2.2 For short-term bookings, i.e. bookings that occur at such short notices before departure that the entire travel price is already due or AST can no longer cancel the travel due to non-achievement of the number of participants, the entire travel price is due immediately after receipt of the security note 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 does not make the down payment or the final payment on the respective due date despite receiving the security note, AST is entitled to withdraw from the contract after a reminder with a deadline and to charge the traveller with the cancellation costs regulated in 4.1 et seq.
3. Benefits and changes in performance
3.1 AST’s obligation to perform results solely from the contents of the booking confirmation in conjunction with the catalogue or prospectus valid at the time of the travel, the AST website, an individual offer or any other medium of AST in accordance with all the information contained therein, notes and explanations as well as the pre-contractual information relevant for the booked package travel according to Art. 250 § 3 EGBGB.
3.2 As part of the bus trips made by AST, the luggage is transported on a normal scale, i.e. a maximum of one bag/suitcase (no hard-shell case) with max. 20kg (dimensions: 80x50x30cm) and one piece of hand luggage per person (max. 6kg). The baggage and all other objects taken along are to be supervised by the traveller during the transfer as well as during loading and unloading. AST recommends that you take out baggage insurance.
3.2 Employees of service providers (e.g. airlines, hotels) as well as travel intermediaries are not authorised by AST to provide assurances or information, as well as to make agreements on the travel advertisement, the booking confirmation or the pre-contractual information according to Art. 250 § 3 EGBGB of AST that go beyond, contradict or modify the confirmed content of the package travel contract.
3.3 Changes or deviations of individual travel services from the agreed content of the package travel contract, which become necessary after conclusion of the contract and which AST did not cause against good faith, are only permitted if the changes or deviations are not significant and do not affect the overall layout of the booked package travel. In addition, these changes must be explained before departure. AST shall inform the traveller on a durable medium clearly, clearly and in a prominent manner about the change.
3.4 In the event of a significant change in an essential feature of a travel service pursuant to Art. 250 § 3 no. 1 EGBGB or deviation from a special requirement of the traveller, which became part of the package travel contract, the traveller is entitled within a reasonable period set by AST
a) to accept the communicated change of the travel service or deviation of the special requirement,
b) to withdraw from the contract without withdrawal fees, or
c) to declare participation in any alternative package travel offered by AST.
If the traveller does not respond to AST or fails to do so within the set reasonable time, the change or deviation will be deemed accepted. In this regard, as well as the significant change or deviation of a specific specification, the traveller shall be informed by AST immediately after having knowledge of the reason for change together with the notice of their rights and setting of a deadline for declaration on a durable medium in a clear, understandable and a prominent manner.
3.5 Any warranty claims remain unaffected, as far as the changed services are flawed. If the replacement package travel or modified package travel does not have a similar quality compared to the original package travel, the travel price must be reduced in accordance with § 651m (1) BGB; if AST incurs lower costs in the case of equivalent quality, the traveller shall be reimbursed the difference in accordance with § 651m (2) BGB.
4. Withdrawal by the traveller before departure, contract transfer (replacement person)
4.1 The traveller may withdraw from the package travel contract at any time prior to departure. The withdrawal is to be explained to AST under the contact details given at the end of the GTT. If the travel was booked through a travel agent, the withdrawal can also be explained to them. The traveller is advised to declare their withdrawal on a durable medium.
4.2 If the traveller withdraws before the start of the journey or if they do not start the journey, AST loses its claim to the travel price. Instead, AST may require reasonable compensation from the traveller. This shall not apply if the withdrawal is the fault of AST or if unavoidable, extraordinary circumstances occur at the place of destination or in its immediate vicinity which significantly affect the operation of the package travel or the transport of persons to the place of destination; circumstances are unavoidable and exceptional if they are not subject to the control of the party referring to them, nor could their consequences be avoided if all reasonable precautions had been taken.
4.3 AST has determined this compensation claim to which it is entitled in the following cancellation fees. The calculation takes place taking into account the time of the cancellation declared by the traveller up to the contractually agreed start of the journey, the expected savings of expenses and the expected acquisition by another use of the travel services.
Compensation will be calculated as follows after receipt of the withdrawal notice from AST or the travel agent:
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:
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.
4.4 In any case, the traveller is at liberty to prove to AST that through the withdrawal AST can only demand a substantially lower reasonable compensation.
4.5 AST reserves the right to demand a higher, specifically calculated compensation in lieu of the aforementioned cancellation fees, as far as AST can prove the occurrence of substantially higher expenses than the respectively applicable cancellation fee. In this case, AST is obligated to quantify the required compensation, taking into account the saved expenses and minus what it acquires by using the travel services elsewhere, and to justify this at the request of the traveller.
4.6 The conclusion of travel withdrawal insurance is expressly recommended by AST.
4.7 If AST is obliged to refund the price due to a withdrawal, the refund must be paid immediately, and in any case within 14 days after the withdrawal.
4.8 The legal right of the traveller to declare a transfer of contract to another traveller on a durable medium according to § 651e BGB (provision of a substitute participant) remains unaffected by the above provisions, if this notice is received by AST no later than seven days before departure. AST may object to the third party’s entry if they do not meet the contractual travel requirements. AST will charge a service fee of 25 € for the expenses resulting from the contract transfer.
5. Rebooking by the traveller before departure
5.1 A legal claim of the traveller to a change with respect to the travel date, the travel destination, the place of travel, the accommodation or the mode of transport (rebooking) does not exist. Of course, this does not apply if rebooking is necessary due to incomplete or incorrect pre-contractual information according to Art. 250 § 3 EGBGB; such a rebooking is carried out free of charge for the traveller.
5.2 If AST makes a rebooking according to section 5.1 sentence 1 at the request of the traveller, a rebooking fee of 25 € will be charged up to the 30th day before departure, in addition to a possibly new travel price for the rebooked service to be paid by the traveller; the traveller will be informed of any change in the travel price due to the rebooking.
5.3 Rebooking requests of the traveller from 29 days before the start of the journey, if their execution is possible at all, can only be carried out after withdrawal from the travel contract in accordance with 4.3 at the conditions applicable there and with simultaneous re-registration. This does not apply to rebooking requests that cause only minor costs.
6. Unused services
If the traveller does not use individual travel services which AST has duly offered for reasons for which the traveller is responsible, the traveller is not entitled to a proportionate refund of the travel price. AST will seek the reimbursement of the saved expenses from the service providers. This obligation does not apply if the services are completely insignificant or if a refund conflicts with legal or regulatory requirements. AST recommends the completion of a travel cancellation insurance.
7. Withdrawal due to non-achievement of the minimum number of participants and termination by AST
7.1 AST can only withdraw from the package travel contract if it has not reached a minimum number of participants if AST
a) in the pre-contractual information with regard to the package travel booked, states the minimum number of participants and the time up to which the traveller must have received the declaration before the contractually agreed start of travel, and
b) in the travel confirmation, states the minimum number of participants and the latest withdrawal period.
The withdrawal must be declared to the passenger at the latest on the day specified in the pre-contractual information and the travel confirmation. If it should be apparent at an earlier date that the minimum number of participants cannot be achieved, AST must immediately exercise its right of withdrawal.
If the travel is not carried out for this reason, AST must reimburse immediately, but in any case within 14 days of the declared withdrawal, payments made by the traveller.
7.2 AST may terminate the package travel contract without notice if the traveller persistently interferes with the execution of the travel despite a warning by AST or acts contrary to the contract to such an extent that the immediate termination of the contract is justified; this does not apply if a breach of contract arose due to a breach of pre-contractual information obligations. If AST terminates the contract, AST reserves the right to claim the travel price, but must allow crediting of the value of the expenses saved and the benefits which AST obtains from any other use of the services not used, including the amounts credited to it by its service providers.
8. Obligation to cooperate on the part of the traveller
8.1 Travel documents
The traveller has to inform AST or their travel agent, with whom they have booked the package travel, if they do not receive the required travel documents (e.g. bus ticket, hotel voucher) despite full payment of the travel price within the deadline communicated by AST.
8.2 Notification of defects
AST is obliged to provide the traveller with the package travel free of travel defects. If this is not the case, the traveller is obliged to report a travel defect to AST immediately. For this purpose, the traveller must provide defect notification of the defect to the representative of AST immediately. If a representative of AST is not available on site and is one not contractually required, the traveller must notify AST of the defects that have occurred. The contact details of an on-site representative of AST and their availability as well as the contact details of AST for a defect complaint can be found in the travel confirmation. The traveller also has the option of submitting their defect complaint to the travel agent with whom they have booked the package.
The representative of AST is mandated to provide remedies where possible. However, the representative is not authorised to recognise claims.
Insofar as AST is unable to remedy this as a result of a culpable omission of the defect complaint, the traveller cannot assert any reduction claims according to § 651m BGB or claims for damages according to § 651n BGB.
8.3 Deadline setting before termination
If a traveller wants to terminate the package travel contract because of a considerable travel defect according to § 651i BGB according to § 651l BGB, the traveller has to set a reasonable deadline to AST for the remedy. This does not apply only if remedial measures are refused by AST or an immediate remedy is necessary.
8.4 Baggage delay and damage:
a) Damage or delays in the delivery of baggage must immediately be reported to the bus driver and confirmed.
b) In addition, the damage, the loss or the baggage delay is to be annouched immediately to A.S.T according to the statements in 8.2. An announcement to A.S.T does not release the passenger from the duty to file a timely notice of damage to the responsible airline pursuant to lit. a).
9. Limitation of liability
9.1 The contractual liability of AST for damages that do not result from injury to life, limb or health is limited to three times the travel price, as far as these were not culpably caused. If international travel arrangements or legal provisions based on such provisions under which a claim for damages against the service provider arises or can be asserted or are excluded under certain conditions, AST may also refer to this vis-a-vis the traveller. Insofar as further claims arise from international agreements or legal regulations based on them, these remain unaffected by the limitation of liability.
9.2 AST is not liable for disruptions in performance, personal injury and property damage in connection with services that are merely provided as external services, such as excursions, sporting events, musical performances, exhibitions, if these services are expressly referred to in the travel advertisement and the booking confirmation, stating the identity and the address of the brokered contractor, as third party services are so clearly marked that they are recognisable for the traveller as not being part of the package of AST. However, AST is liable for these services if and to the extent that any damage to the traveller was caused by violation of information, clarification or organisational obligations on the part of AST.
9.3 AST is not liable for services that are used by the traveller in the package travel and that are not arranged or organised by AST or its representative on site but, for example, by the hotel or other persons or companies under its own responsibility.
10. Assertion of claims, limitation period, consumer dispute resolution
10.1 The traveller has to assert against AST claims according to §§ 651i para. 3 no. 2, 4-7 BGB. The claim can also be made by the traveller through the travel agent, with whom they have booked the package travel. It is recommended to assert the claims on a durable medium.
10.2 The travel contract claims of the traveller expire in two years; the limitation period begins on the day the package travel ends.
10.3 The assignment of claims against AST to third parties who are not travel participants is excluded.
10.4 AST points out according to § 36 VSBG (Consumer Dispute Settlement Act) that AST does not take part in dispute settlement proceedings before a consumer arbitration board and is also not required by law to do so. If, after printing, there is a legal obligation to participate in such a dispute resolution procedure or if AST is to participate voluntarily, AST will inform travellers thereof on a durable medium.
11. Passport, visa and health regulations
11.1 AST will inform travellers of general passport and visa requirements of the country of destination, including approximate time limits for obtaining any necessary visas, and health formalities prior to the conclusion of the contract, as well as any changes thereto prior to departure.
11.2 The traveller is responsible for obtaining and carrying the officially required travel documents, any necessary vaccinations and compliance with customs and foreign exchange regulations. Disadvantages arising from non-observance of these regulations, e.g. the payment of cancellation fees, are at the traveller’s expense. This does not apply if AST did not inform the traveller sufficiently or did so incorrectly.
11.3 AST shall not be liable for the timely issuance and receipt of necessary visas by the respective diplomatic representation if the traveller has commissioned AST, except if AST has culpably breached its own obligations.
12. Sports courses and programs from AST
12.1 Due to their athletic character, travel organised by AST requires increased fitness and health requirements. Participation in the sports courses and programmes offered by AST require mental and physical fitness.
12.2 During the sports courses and programmes, the sports teachers and supervisors are to be obeyed. The traveller is required to comply with local, national and international safety regulations. Violations will result in immediate expulsion without any right to reimbursement of the pro-rated costs of the course or programme in question.
12.3 Travellers booking a sports course or sports programme must have the required experience described in the advertisement. The responsible local physical trainer has the right, in the case of a lack of qualifications, to rebook the traveller to a sports course or programme suitable for their level of knowledge.
13. Applicable law, jurisdiction
13.1 German law applies to the contractual relationship between the traveller and AST.
13.2 The traveller can bring claims against AST only at its registered office. For complaints of AST against the traveller, the domicile of the traveller is authoritative. For lawsuits against travellers who are merchants, legal entities of public or private law, the place of jurisdiction is agreed as the registered office of AST, provided that these GTT are applicable due to a missing framework contract for the completion of business trips for the enterprise of the traveller. The same applies to travellers who are domiciled or ordinarily resident in a third country or whose domicile or habitual residence is unknown at the time of filing the action.
13.3 The above provisions do not apply
a) if and to the extent that contractually indispensable provisions of international agreements arising from the package travel contract between the passenger and AST apply, something else results in favour of the traveller, or
b) if and to the extent applicable to the package travel contract, non-mandatory provisions in the Member State of the EU to which the traveller belongs are more favourable to the traveller than the preceding provisions or the corresponding German regulations.
As of: 01/07/2018 / ©JD
Action Sports Travel GmbH
Mexikoring 29 (4.OG)
Geschäftsführer: Jens Höper
Telefon: +49 (040) 254 94 331
Action Sports Travel GmbH points out that bookings of package travel made as part of distance selling (e.g. by phone, by email) cannot be revoked in accordance with §§ 312 para. 7, 312g para. 2 sent. 1 no. 9 BGB. However, a right of withdrawal exists when the contract for the package travel between Action Sports Travel GmbH and the traveller who is a consumer has been concluded outside of business premises, unless the oral proceedings, on which the conclusion of the contract is based, we conducted based on prior ordering by the consumer.
Action Sports Travel GmbH generally recommends the conclusion of travel withdrawal insurance and foreign travel health insurance including coverage of repatriation costs in case of accident or illness.