Travel conditions of the company LT-Aktivreisen GmbH
Dear Customer, these travel conditions become, as far as effectively agreed, the content of the travel agreement concluded between the customer and us, the company LT-Aktivreisen GmbH, abbreviated "LT". Please read these carefully.
1. Conclusion of contract
1.1. By booking ("travel reservation") that can be done verbally, written, via fax, internet or email, the client will be able to arrange a travel contract with LT on the basis of the travel offer. These travel conditions with the important notes and all supplementary details from the booking basis, as far as these details and notes are available to the customer at the time of booking, are binding.
1.2. The travel contract is concluded with LT's booking confirmation send to the customer, the travel agent or the tour group operator.
1.3. The customer or the tour group operator is liable for all obligations of the travelers or rather group participants from the travel contract (in particular the payment of the travel price and cancellation costs), for which he or she makes the booking, insofar as he or she incurs this liability by express, separate written declaration.
2. Deposit and final payment
2.1. Upon conclusion of the contract and after delivery of a secured payment certificate in accordance with § 651k para. 3 BGB, a deposit of 20% is payable. The remaining payment is payable 4 weeks prior to commencement of the trip insofar as the secured payment certificate has been handed over and unless otherwise agreed in the individual case. The obligation to hand over a secured payment certificate is waived if the journey does not take more than 24 hours, does not include overnight accommodation and the travel price does not exceed €75 per person.
2.2. Insofar as it is not expressly agreed for group travels that payments are to be made to the tour group operator or his employees, the tour group operator or his employees or agents, shall not be authorised by LT to collect payments.
3. Change of booking
3.1. After conclusion of the contract the customer is not entitled to changes regarding the date of travel, the destination, the place of travel, accommodation or mode of transport (transfer). If a change of the booking is possible and is made at the customer's request, LT may charge an administration fee of €25 per customer up to the time of the first cancellation stage that are specified in the cancellation costs.
3.2. Change requests from the customer, which are addressed later, can only be carried out after withdrawal from the travel contract in accordance with section 5 of these terms and conditions and at the same time a new registration. This does not apply in case of booking request changes which cause only minor costs.
4. Cancellation by LT
LT may terminate the contract if the customer persistently disrupts the implementation of the contract despite a warning or if he behaves in a manner contrary to the contract that the immediate termination of the contract is justified. If LT cancels the contract, it retains the right to the total price. However, LT must allow for the value of saved expenses as well as the financial gain it receives for using its travel services in other ways, including the amounts possibly credited to LT by third party providers. The local agents of LT (agency, tour operator) are in these cases authorised to exercise the rights of LT.
5. Cancellation by the customer
5.1. The customer can withdraw from the travel contract at any time until the start of the tour by submitting a written cancellation request. Relevant is here, this applies to cancellation request addressed to the tour group operator as well, the receipt at LT.
5.2. In any case of the cancellation by the customer, LT shall pay the following flat-rate compensation from the travel price per person, taking into account usually saved expenses and the usual possible other use of the travel services:
a) up to 30 days before the start of the tour 20%
b) from the 29 to 22nd days before the start of the tour 30%
c) from the 21 to 15 days before the start of the tour 40%
d) from the 14 to 8 days before the start of the tour 60%
e) from the 7 to 1 day before the start of the tour 80%
f) in case of a cancellation or a no-show on the day of the tour 90%
5.3. The customer can prove to LT that it has actually incurred no or substantially lower costs than the claimed lump sum. In this case, the customer is only obliged to pay the actual costs incurred.
5.4. LT reserves the right to charge in individual cases a higher compensation than the incurred costs, which are to be calculated and correctly documented.
6. General obligations of the customer / traveller and cancellation by the customer
6.1. The customer has to notify the local tour operator or the local agency of LT immediately about any faults or issues and to request remedial actions. customers will be instructed about how to contact an operator or agency prior to their trip, should there be no accompanying LT tour guide assigned to the tour.
6.2. If no local tour guide is used by LT and is not owed in accordance with the contractual agreements (see also the travel offer!), the customer is obligated to immediately notify LT of the complaints directly under the following address, telephone or fax number and to seek remedial measures.
6.3. The traveller's claims are only than not forfeited when the lodgement of the owed complaint failed through no fault by the customer.
6.4. If the tour is considerably affected as a result of a tour-related deficiency, the customer may terminate the contract in accordance with the legal regulations (§ 651e BGB).
6.5. Claims for non-contractual delivery of travel services against the tour operator shall be made by the customer within one month after the contractually scheduled termination of the tour. The assertion can only be made against LT in a timely manner at the address given below. A written application is strongly recommended. Claims of the customer are only than not forfeited when the lodgement of the owed complaint failed through no fault by the customer.
7. Specific obligations and liabilities of the customer and the group responsible
Alcohol is not permitted before and during the tour according to the regulations of the road traffic law. The customer must behave in such a way that at any time any risks or adverse effects on other customers and participants as well as any other third party is avoided. The customer has to observe all official regulations and conditions, especially warnings and information signs regarding the canoe tour. Instructions to avoid obstacles, currents, weirs and similar are to be followed exactly. In General and not only regarding canoeists, it is strictly forbidden to manoeuvre close to or go down weirs. The customer is liable for any damage to the canoes and equipment caused by him, if these were not caused by fault of LT or its agents.
8.1. LT's contractual liability for damages that are none physical (also the liability for the infringement of pre-contractual or post-contractual obligations) is limited to thrice the travel price, insofar as a) damage to the customer was neither caused deliberately nor due to grossly negligent behavior by LT or b) LT is responsible for damage caused to the traveler solely on the basis of a fault on the part of a third party service provider.
8.2. LT shall not be liable for any inconveniences, personal injuries or damages to property in connection with services rendered as external services (eg. excursions, sporting events, theatrical visits, exhibitions, transport services to and from the venue or destination), if these services are explicitly stated as external services by giving details regarding the contract partner in the travel cataloge and booking confirmation and therefore can be clearly identified by the customer as external services not provided by LT directly.
9. Statute of limitations
Claims of the customer against LT regardless of the legal basis - but with the exception of the customer's claims from tort - shall be statute-barred after one year from the contractually stipulated date of return. If the customer and LT are negotiating between claims and the circumstances giving rise to the claim, the limitation period is suspended until the participant or LT refuses to continue the negotiations. The statutory limitation period of one year shall set in at the earliest 3 months after the end of the suspension.
10. Jurisdiction, choice of law
10.1. The entire legal and contractual relationship between LT and the customer or the group operator shall be governed exclusively by German law. The customer can only sue LT at its registered office.
10.2. The customer's domicile shall be decisive for LT's actions against the customer. In the case of actions against clients or contractors of the travel agreement, who are merchants, legal persons of public or private law or persons, who are domiciled or have their habitual residence abroad or whose domicile or habitual residence is not known at the time of action, the location of LT's registered office will determine the court of jurisdiction.
11. Special clauses for group travels
11.1. LT shall not be liable for any services or parts of the service of any kind that are offered, organised, implemented and / or made available to the customer, either with or without knowledge of LT, by the tour group operator in addition to the services provided by LT. These include in particular:
A) Arrivals and departures arranged by the tour group operator or his agents to and from the with LT contractually agreed on departure and return locations.
B) Events not included in the scope of services of LT before and after the tour and at the place of travel, such as trips, excursions, meetings etc.
11.2. LT shall not be liable for the measures and omissions of the tour group operator or his agents, during and after the journey, in particular not for changes to the contractual services, instructions to local guides, special arrangements with the different providers, information and assurances to the traveller, as long as they were not agreed with LT and expressly endorsed by it.
© These travel conditions are protected by copyright. Lawyer Noll, Stuttgart, (2005)
|address:||Lahntalstrasse 45, 35096 Weimar (Lahn)|
|phone:||+49 6426 9280-0|
|fax:||+49 6426 9280-10|
|managing director:||Brigitte Brandenburger|
|commercial register:||HRB 1822|
For the "cycling without luggage" and "hiking without luggage" packages maximal 2 baggage items per traveller and transfer are included in the service price. The baggage must be marked clearly by the customer with the name and address and must be well sealed for transport. The baggage must be handed in at the hotel's reception no later than 9am of the respective day and can be received from 5 pm onwards.
Regulations canoe rental
The customer can receive a canoe from LT on the day of departure from 9am onwards. On the day of arrival, one of the pick-up points indicated in the river guide must be reached at the specified time. The pick-up point is to be communicated to LT one night before the end of the journey by the customer, unless already previously agreed on. Canoes and equipment are cleaned and handed over personally. In case of non-compliance, additional costs are incurred. The canoes are to be loaded on a trailer together with an LT employee. The rented canoes may only be used on the Lahn. In particular, the paddling on all tributaries and side arms of the Lahn as well as the paddling on the Rhine are strictly forbidden. Contraventions can result in high penalties. The customer undertakes to only allow persons older than 12 years of age to steer the canoe rental and not to exceed the number of people authorised for the canoe. During the tour the life jackets issued by LT are to be worn. LT assumes no liability for any electronic devices carried by the customer.
We are obliged pursuant to § 2 para. 5a PBefG to inform you that our passenger transports are carried out by coaches of Gimmler Reisen, Wetzlar.