Travel People GmbH is a travel agency and arranges travel services whereby a contract between the traveler and the tour operator, named in the confirmation/invoice, is issued.
Separate flight services will always be arranged by Travel People GmbH as an intermediary only. In this case the airline is the contract partner with the traveler.
In cases where Travel People GmbH sells two or more services as a package it acts as a tour operator and the following terms and conditions apply:
Content
When making a reservation in writing, per email or verbally by phone, the traveller is submitting a binding offer to us concluding in a travel agreement. The travel agreement shall become effective upon our acceptance.
The reservation made by the person placing the order shall also apply to all parties listed therein; the person making the reservation shall be responsible for compliance with the contractual obligations by such persons, to the extent that he/she has expressly declared willingness to do so in a separate agreement to this effect.
The contract becomes binding upon the acceptance of the tour operator. Following finalization of the contract the tour operator will issue the travel confirmation.
Should the contents of the confirmation of reservation differ from those of the reservation, a new offer will be made on the tour operator's part, which shall remain binding for a period of 10 days. The agreement shall come into existence on the basis of this new offer, if the traveller accepts the latter within this period.
2. Payment
A deposit of 20% of the tour price and optional insurance rate becomes payable upon receipt of the confirmation of reservation. For special marked Top-Offers, special last minute or greatly reduced prices and saving travels a deposit of 50% of the tour price is payable. For flights at daily updated fares, 100% of the fare is payable on booking.
The tour operator has taken out insolvency insurance cover with R&V Insurance Company in order to protect customer monies. The insurance certificate will be sent together with the invoice and confirmation of reservation. The remaining tour price will be payable 4 weeks prior to the departure date. The travel documents will be sent out upon receipt of the remaining amount by the tour operator.
The deposit and remaining payment can be found in the confirmation of reservation.
The scope of the contractual services can be ascertained from the description of services and the details within the confirmation of reservation and/or brochure.
Although the tour operator, as a general principle, is bound by the information provided in the brochure, the tour operator reserves the right to declare amendments to such information prior to conclusion of the agreement. Amendments shall of course be communicated to the traveller prior to the reservation.
Any changes in or deviations from individual travel services specified in the original travel agreement are permissible only to the extent that they are of minor significance and do not impair the overall nature of the tour booked.
In the event of the period between conclusion of the agreement and the agreed departure date not exceeding 4 months, and in cases in which transport costs or the fees for certain services, e.g. harbor or airport fees, are raised or exchange rates applicable to the tour change, the tour operator reserves the right to amend the tour price quoted and confirmed in the confirmation of reservation to an amount that corresponds to the resultant increase per person/seat in travel costs.
In cases involving post-reservation changes in the tour price or an essential travel service, the tour organizer must inform the party who has made the reservation without delay, but at the latest 3 weeks before departure. Price increases after this date are impermissible. In cases involving price increases of more than 5% or a major change in an essential travel service, the party who has made the reservation is entitled to withdraw from the agreement without a fee or to demand participation in a journey of at least equivalent nature, to the extent that we are in a position to offer him/her such a journey at no extra cost. The latter must assert such rights immediately upon receipt of the tour organizer's communication regarding the price increase or change in travel service.
If the traveler cancels the travel arrangement or fails to undertake the journey, the tour operator may demand compensation for the travel preparations effected and for expenses that have been incurred. When such compensation is calculated, customary savings on expenses and other normally available alternative ways of utilizing the travel services must be taken into account.
The per person lump-sum claim for cancellation fees is calculated as follows:
| up to 31 days before departure | 25% |
| from 30th to 25th day before departure | 40% |
| from 24th to 18th day before departure | 50% |
| from 17th to 11th day before departure | 60% |
| from 10th to 04th day before departure | 80% |
| from 03rd to 1st day before departure | 90% |
| day of departure | 100% of tour price. |
Exception from the standard cancellation fees:
The cancelation fee for special marked Top-Offers,special last minute or greatly reduced prices and saving travels is calculated as follows:
| up to 31 days before departure | 50% |
| from 30th to 25th day before departure | 55% |
| from 24th to 18th day before departure | 65% |
| from 17th to 11th day before departure | 75% |
| from 10th to 04th day before departure | 90% |
| from 03rd to 1st day before departure | 95% |
| day of departure | 100% of tour price. |
Increased cancellation fees: For flights at daily updated fares, 100% of the fare is payable on booking.
The traveler has the right to prove that none or a lower loss than the standardized figure has occurred.
The tour operator shall have a claim for compensation exceeding that agreed in the lump-sum cancellation costs, if he provides evidence substantiating such claim.
If the traveler wishes to change departure time, accommodation, destination and/or departure airport, a processing fee of € 25,00 per person will be charged up to the 30th day prior to departure for such changes, to the extent that they are possible.
In the case of special-offer flight fares, we would like to draw your attention to corresponding deviations such as the fact that amendments are impermissible or higher cancellation fees may apply.
Up to the commencement of the tour, the traveler may demand that a third party enter into his/her rights and obligations arising out of the travel agreement. We may object to such a substitution, if the person concerned does not meet the specific tour requirements or statutory provisions or administrative orders stand in the way of his/her participation.
If a substitute person takes the place of the participant named in the reservation, we are entitled to charge a fee of € 25,00 as reimbursement for the costs we incur in connection with participation of the substitute person.
If a third party enters into the agreement, he/she and the original traveler are jointly and severally liable to us for the tour price and additional costs arising out of such a substitution.
The tour operator is entitled to cancel the travel agreement prior to departure without due notice or to terminate it after commencement of the tour, if the participant interferes with execution of the tour over a sustained period despite being requested to desist from doing so by the organizer, or if the traveler infringes the agreement to such an extent that termination thereof without due notice is justified. If the tour operator terminates the agreement, it reserves the right to the tour price. Any additional costs incurred in connection with repatriation shall be borne by the person causing the interference. The tour operator must, however, take into account the value of any savings in expenses and any benefits that may accrue through alternative utilization of services not utilized by the person concerned, including any amounts refunded by the respective service providers.
The tour operator may cancel the agreement up to 2 weeks prior to departure, if the minimum number of participants specified in the tour offer is not reached. The tour operator is obliged to inform customers of the impossibility of carrying out the tour as soon as the above situation arises and to send them notice of termination of the agreement without delay. The tour price paid will be refunded to customers immediately.
The tour operator may cancel the agreement up to 4 weeks prior to departure, if, after all possibilities have been exhausted, it would be unreasonable to expect the organizer to carry out the tour because there are so few reservations for this tour that the costs we would thereby incur would exceed an acceptable level for this tour. The right of cancellation shall, however, only be available if the tour operator is not responsible for the causative circumstances and provides evidence thereof and submits a comparable alternative offer to the traveler.
If the tour is not executed as laid down in the agreement, participants may demand redress. The tour operator may refuse such redress, if it would involve disproportional expense. The tour operator may also provide redress in the form of an equivalent alternative service.
The participant may claim an appropriate reduction in the tour price for the duration in the event of failure to perform the tour as laid down in the agreement. The tour price shall be reduced to an extent corresponding to the ratio that would have existed at the time of sale between the value of the tour in defect-free conditions and its actual value. The reduction shall not apply if the participant fails to report the defect for reasons for which he/she is responsible.
If a tour is considerably impaired as the result of a defect, and the tour operator does not remedy the situation within a reasonable period of time set by the participant, the latter may terminate the travel agreement within the scope of the statutory provisions; in his/her own interests and in order to document such action, notice of termination should be made in writing.
This also applies if the participant cannot be reasonably expected to take part in the defective tour for an important reason recognizable for to the organizer. The assignation of a period of redress is shall apply in all cases except those in which redress is impossible or rejected by the tour organizer or immediate termination of the agreement is justified by the customer's special interest.
In case of cancellation the tour operator can demand a reasonable compensation for already supplied services or services required for the termination of the journey. This does not apply if services are of no interest to the traveler as a result of cancellation of the contract.
The tour operator's contractual liability for damage that is not personal injury is limited to three times the tour price,
(1) to the extent that damage incurred by the participant is due neither to willful conduct nor gross negligence, or
(2) to the extent that the tour operator is responsible for damage caused to the participant only through the fault of a service provider.
In cases involving personal injury the tour operator's liability for all customer claims in tort against the operator, insofar as they are not due to willful conduct or gross negligence, amounts to € 75.000,00 per customer and tour. Liability for damage to property is limited to € 4.000,00 per customer and tour. If the tour price exceeds € 4.000,00 liability is limited to three times the tour price. In this connection, customers are advised to take out travel-accident and baggage insurance in their own interest.
The tour operator shall not be liable for defective services within the context of third-party services that are merely negotiated and are expressly characterized as third-party services in the tour description.
The tour operator's liability is limited or excluded to the extent that such liability on the part of the service provider is also limited or excluded under international agreements or statutory provisions based thereon which govern the services provided by the service provider.
If the tour operator should act as a contractual air carrier, liability is governed by the provisions of the Air Transport Act in conjunction with the International Conventions of Warsaw, The Hague, Guadalajara, and the Montreal Convention (for flights to the USA and Canada only). These conventions generally limit the air carrier's liability for death or personal injury as well as loss of and damage to baggage. To the extent that the tour organizer is a service provider in other cases, the latter's liability will be governed by the relevant provisions.
In the event of impaired contractual performance, the tour participant is obliged to assist in preventing or limiting possible damage as laid down in the statutory provisions.
The participant is in particular obliged to notify the local tour manager of his/her complaints. The latter is authorized to take steps to remedy the situation, insofar as this is possible. If the participant fails to comply with the above duty of notification through his own fault, he/she may not claim a reduction in the tour price.
The traveler is responsible for the adherence of the respective entry requirements and health regulations. Further information is provided by the appropriate consulate.
The tour participant must file claims for compensation for failure to comply with tour-related contractual obligations with the tour operator:
Travel People GmbH
Christoph Selhamer Str. 2
82362 Weilheim
Tel.: 0049 881 9096010
Fax.: 0049 881 9096019
within a month after the contractual tour completion date. The participant may file such claims after this deadline, if he/she was unable to observe the deadline due to circumstances beyond his/her control.
Contractual claims against the tour operator are statute-barred after 6 months. The period of limitation commences to run on the day in which the tour was scheduled to end as per the travel agreement. If the participant has filed such a claim, the period of limitation ceases to run until the tour operator repudiates the claims in writing.
Legal Venue is the registered location of Travel People GmbH in Weilheim, Germany.
General Terms of Business
Surfing Elements GmbH (SE below) offers the following services:
- Surfing, kiting, as well as windsurfing courses.
- Renting-out of watersports equipment as well as other types of sports equipment.
- Renting-out of storage-containers for windsurfing and kitesurfing equipment.
- With this declaration SE offers its party to the contract a binding conclusion of a service and / or a rental contract.
- The declaration is valid through the party to the contract for all other participants listed in the declaration, for whose contractual duties the party to the contract is as responsible as he is for his own obligations, unless he has taken on an appropriately separate obligation wthrough an explicit declaration. For minors the legal obligation comes into effect with the provision of a written agreement made by the legal guardian.
- The contract comes into effect through its acceptance by SE. This is to be accepted or declined by the party to the contract within 10 days of receiving the offer.
Immediately on concluding the contract SE will send the party to the contract a booking confirmation together with the amount to be paid and the payment terms. - Should the content of the booking confirmation differ to that of the reservation, then SE has to provide a new offer, which is binding for SE for a period of 10 days. The contract becomes valid on the basis of this new offer when the party to the contract accepts the offer from SE inside the period of 10 days.
- The party to the contract is the person who has undertaken the registration through an express declaration.
- The hirer is the person, who has undertaken the registration through an express declaration for the hiring of watersports equipment or a storage box.
- Participants are the persons for whose contractual obligations the party to the contract stands as he would for his own obligations, including the party to the contract himself. Participants can only be those who are fit and healthy enough to use the equipment properly without danger to themselves or to others.
- SE insists categorically that a requirement for taking part in all courses as well as in hiring watersports equipment is the ability to swim unaided in open water for at least 15 minutes. For minors this acknowledgement must be made by the legal guardian, without which the contract for minors is invalid.
- Payment of the invoice total is to be made using the invoice number 4 weeks in advance of departure. In the case of a last-minute booking, the amount is due immediately. The amounts to be paid are set out in the booking confirmation.
- Payment can be made by credit card (only Visa- and Mastercard) or by bank transfer. For credit cards SE has set up a secure payment link. Any bank charges due are to be met by the party to the contract.
- Booking documentation (the voucher) will be sent out by SE once the invoice amount is paid.
- Should the party to the contract be in arrears on paying the amount due (non-payment despite reminder with due date) then SE has the right to cancel the contract. On withdrawing from the contract the party to the contract is liable for an appropriate claim for compensation as per Paragraph 6 section 2. This does not come into effect, if the party to the contract is not responsible for the non-payment.
The extent of the contracted services can be found in the exact details set out in the booking confirmation.
Changes or modifications to particular services in the agreed content of the contract may happen, but they should be reasonable for the party to the contract and occur up to three working days (not including saturdays) before the contract begins.
- A withdrawal by the party to the contract is to be notified to SE in written form (letter, e-mail, Fax).
- If the party to the contract withdraws from the contract, SE can claim compensation for any outgoings that have occurred. In calculating the compensation the usual cost savings and other expenditures from the booking process will be taken into account. The amount that can be claimed for compensation will be made on a percentage basis:
up to 30 days before the contract starts 20 % from 29 to 22 days before the contract starts 25 % from 21 to 15 days before the contract starts 30 % from 14 to 8 days before the contract starts 45 % from 7 to 1 day(s) before the contract starts 60 % on the day the contract starts 100 % of the booking invoice
The party to the contract can contest this, if he can prove that either no - or less - damages occurred than the percentage stated. SE can claim a higher percentage of compensation than the percentages stated, if they can provide proof.
- SE can cancel the rental and / or the service contract extraordinarily and without prior notice, if the party to the contract continues to be a nuisance despite an appropriate warning given by the business, or when he breaches the contract in a major way or deliberately endangers others or himself.
In such a situation SE holds the right to seek a compensatory payment. Any additional costs for a further booking are to be met by the party to the contract or the participant himself. SE however takes into account the value of the saved expenditure as well as their benefits, which can be gained from a further use of the service which has not been taken. - For safety reasons such as very strong winds, lightning strike etc, or due to the water sports equipment being wrecked through collision or vandalisation caused by the party to the contract or the participant, SE may extraordinarily and without prior notice cancel the contract. In this situation, there will not be a repayment of the paid rental amount.
- If, following the return of the water sports equipment, it becomes apparent that there is a lack of skills in the party to the contract or the participant in using the water sports equipment safely (poor control of the water sports equipment, failure to observe the safety requirements), or the individual acts against the express request of a member of staff, then SE can extraordinarily and without prior notice cancel the contract. In such a case there is no repayment of the fee.
- If, under the umbrella of a group a service is booked, where only the party to the contract or the participant can take part, then the lesson length will be reduced from 60 minutes to 45 minutes. SE is obligated to inform the party to the contract / participant immediately the condition referred to here to shorten the course comes into play.
- Any payments made for courses which are then cancelled will be proportionately reimbursed with a Credit Voucher by the SE station. This can be used for a future booking when the original voucher is presented to SE. The party to the contract can also request a payment. Further demands are not considered.
The conditions for this are noted above under number (1) to (3).
- SE’s responsibility or that of a legal representative or agent for initial or subsequent faults in the watersports equipment or the rented item, whether due to an infringement of contractual or other services, or whether due to a positive infringement of the contract, or responsibility for unofficial use, is excluded with the exception of an exclusion or a limiting of the responsibility for damages due to injury to life, body or health resulting from a negligent breach of duty by SE or a delberate or negligent breach of duty by a legal representative or agent.
- The exclusion or a limit to the warranty is not valid for any damages caused by a major negligent breach of duty by SE or from a deliberate or majorly negligent breach of duty caused by a legal representative or agent for SE.
- Every party to the contract / participant must follow strictly the instructions of SE’s water sports instructor or an appropriately authorised member of staff. The party to the contract / participant needs to inform themselves of the safety requirements and know the rules for good seamanship for when they are on the water, as well as follow them properly.
- If the functionality of the water sports equipment is impaired through not following the instructions of the water sports instructor / personnel or through the negligent or intentional actions of the party to the contract / participant, then the party to the contract / participant has no entitlement to a restitution of the hire charge paid.
- Damage caused to the water sports equipment through ignoring the instructions of the water sports instructor / personnel or by ignoring the safety rules are to be covered personally by the party to the contract / participant. SE recommends taking out a liability insurance policy that includes coverage for water sports as well as insurance to cover water sports equipment (material insurance).
The parties agree to use German law.
Should particular clauses in this contract prove to be inoperative and / or unworkable, or should a gap in the total arrangement present itself, then the overall validity of contractual provisions will not be affected. If, in the place of the inoperative provisions or to fill the gap, an appropriate and legally correct arrangement be found, which suits what both parties want financially, or would have expected to be the meaning and purpose of this contract, if they had thought of the point. If required the parties are obliged to make an amendment to this contract.
