1. Completion of the travel contract
By registering, which can be done by post, fax or online, the customer offers Funduro Tours the conclusion of a travel contract. This is the result of the written confirmation by Funduro Tours, whereby Funduro Tours will endeavor to process and send the goods as quickly as possible. The customer is bound to his offer for a period of 14 days from receipt of the application.
2. Payment and delivery of the travel documents
A deposit from € 400, – must be made with the conclusion of the contract and receipt of the security deposit. The remaining travel price is to be paid no later than 3 weeks before the start of the trip. The payment can only be made by transfer. The travel documents are sent at the earliest after receipt of the total price on the account of Funduro Tours, but no later than one week before the date of travel. If, for reasons of time, sending the original documents is no longer possible, the vouchers are sent by fax or e-mail and the flight tickets are deposited at the airport. Any additional costs incurred will be charged. If the deposit or the final payment is not received by Funduro Tours within a reasonable time, Funduro Tours reserves the right to cancel the booking.
The scope of the contractual services / obligations is derived from the service description in the prospectus, the details at www.funduro.com, as well as from the information given in the travel confirmation. In the case of unforeseeable events, Funduro Tours reserves the right to make changes to the scope of services, which inform the customer when booking.
4. Performance and price changes
The individual travel services are carefully selected, planned and assembled by Funduro Tours. Changes and deviations of individual services / obligations from the agreed content of the travel contract, which are necessary after conclusion of the contract (for example changes in the route), are possible insofar as they are not substantial and do not affect the overall trip of the journey. If more than 4 months have elapsed between the conclusion of the contract and the beginning of the journey, Funduro Tours reserves the right to change the prices confirmed with the booking in the event of an increase in transport costs or duties for certain services to the extent of their increase per person on the fare effect. Possibly. Funduro Tours will offer the customer a free transfer or a free cancellation. In the case of a subsequent change in the travel price, Funduro Tours will inform the customer immediately, but at the latest 21 days before the start of the journey. Price changes from this date are no longer permissible. In the case of price changes of more than 5% or in the case of a substantial change in a significant transport performance / obligation, the customer is entitled to withdraw from the contract free of charge. The customer has to claim these rights immediately after the information at Funduro Tours.
5. Transfer, replacement
If the customer requires changes to the booked services (change of booking) after conclusion of the contract, a processing fee from € 50.- per booking or per booked person will be charged up to the 32nd day before departure. Later re-booking requests can only be treated as rescission and new registration. The customer may be replaced by a third party until the beginning of the journey, provided that the latter meets the special travel requirements and does not preclude his / her participation from statutory regulations or official orders.
6. Rescission by the customer
The customer may at any time withdraw from the travel contract prior to departure. Significant is the receipt of the declaration of rescission at Funduro Tours. The declaration by registered letter is recommended. If the customer withdraws from the travel contract or does not accept the travel, Funduro Tours can demand reasonable compensation for the precautions and expenses. The calculation of the compensation is the time when the first contractual service starts, when booking a travel package, the booking of several single service credits. This date is also valid as a travel date for all other services. These lump-sum withdrawal costs are:
• Up to 30 days prior to arrival, 20% of the travel price
• Up to 22 days prior to arrival, 25% of the travel price
• Up to 15 days prior to arrival, 40% of the travel price
• Up to 7 days prior to arrival, 60% of the travel price
• Up to 4 days prior to arrival 80% of the travel price
• Shorter than 4 days or in case of non-arrival of the trip 100% of the travel price of the proportionate part of the trip price which is lost to the canceled persons, in any case at least from € 50 per person.
Funduro Tours and the customer is however in each individual case the right to prove a higher or lower damage.
7. Reimbursement of unused services
If the traveler does not make use of individual services as a result of early departure or for other reasons falling within his area of responsibility, Funduro Tours shall endeavor to reimburse the expenses incurred by the beneficiaries. There is, however, no claim for reimbursement, nor does this obligation be waived in the case of entirely insignificant or subordinate benefits.
8. Withdrawal, cancellation by Funduro Tours
Funduro Tours may withdraw from the travel contract prior to commencement of the journey or terminate it after the journey has started:
A) if the deposit or the final payment of the customer has not been received by Funduro Tours in accordance with section 2 of these terms and conditions.
(B) failing to comply with a time limit if the traveler has a lasting disruption to the execution of the journey or if he is unlawful to such extent that the immediate termination of the contract is justified, e.g. In the case of repeated infringements of orders of the Tourguide or grossly reckless handling of the motorcycle. In this case, Funduro Tours reserves the right to the travel price, but must allow the value of the saved expenses to be credited.C) up to 4 weeks prior to arrival, if the minimum number of participants is not reached. Any payments already made will be repaid to Funduro Tours without delay.
D) until 4 weeks before travel, if the execution of the trip for
Funduro Tours is therefore unreasonable, because e.g. Due to a low booking volume, the expenses incurred by Funduro Tours in the event of the journey will be an exceedance of the victim’s limit in relation to the journey. Funded payments will be repaid without delay.
9. Exceptional circumstances
If the voyage is considerably impeded, endangered or impaired as a result of unforeseeable force majeure, natural catastrophes, strikes, crises or official orders (territorial barriers), the journey may terminate the travel contract. Funduro Tours is entitled to demand reasonable compensation for the services already rendered or to be completed upon completion of the journey. Funduro Tours is obliged to take the necessary measures, in particular, to transport the passengers back. Any additional costs resulting from this shall be paid in half by the parties.
Funduro Tours is responsible for the careful preparation of travel, the careful selection and supervision of the service providers, the correctness of the service description, the correct provision of the agreed services as well as a fault of the persons entrusted with the provision of services.
11. Limitation of Liability, Liability of Customer / Traveler
Funduro Tours is not liable for any breach of duty in connection with third-party services which are merely communicated, provided that these are expressly identified as such in the invitation to tender.
Funduro Tours is also not liable for damages caused by unforeseeable events of force majeure (strike, natural catastrophe, stretching or similar) or non-attributable actions of third parties. The contractual liability of Funduro Toursist is limited to the triple travel price, provided that – with the exception of corporeal damages – the damage suffered by the traveler is neither deliberate nor grossly negligent. The liability for damage to property is limited from € 4,000 per person for all claims for compensation of the traveler for unauthorized actions which are not based on willful intent or gross negligence. The traveler is liable for all the disadvantages caused by omitted, incorrect or incomplete information in the travel application, provided that he is responsible for this. The traveler is responsible for his physical and health condition as well as his own safety during the guided enduro tours. He is required to carry and carry sufficient protective clothing and to always check his driving skills critically. Funduro Tours does not undertake any obligation to check the traveler’s car, even if Tourguide will endeavor to adjust the route selection to suit travelers’ abilities. There is always the possibility to ask the Tourguide to drive the bike over difficult passages. In order to clarify and regulate the specific risks, the traveler signs a declaration of liability at the same time as the booking, which forms part of the travel contract. Without this explanation the booking of Funduro Tours can not be confirmed. The traveler is liable for damage to the motorcycle caused by himself. In the event of damage not caused by the traveler (engine damage, stone impact, etc.), except for damage caused by the fall, Funduro Tours shall bear the costs of repairing the vehicle. In order to reduce the financial burden in the event of a claim, Funduro Tours has taken out motor vehicle liability insurance for all motorcycles.
12. Identity of the exporting airline on booked flights
Under EU Regulation VO 2111/05, Funduro Tours will inform the customer of the identity of the exporting airline for all transport services on the outward and return flight before conclusion of the contract. To this extent, please refer to the information on the employed company (s) in the respective written confirmation of booking. Any changes to the airline companies performing the flight after conclusion of the contract will be communicated to Funduro Tours as soon as possible.
13. Flight times
Insofar as Funduro Tours announces flight times before sending the flight tickets, this is subject to the airline’s amendment. The customer has to be confirmed by the respective airline at least 3 days before the respective flight date. For Flight delays, delays and changes in the return flight shall not be liable to Funduro Tours if these are not due to a fault of Funduro Tours, even if the airline has effectively excluded its liability in this respect.
14. Guarantee, remedies, co-operation obligations
Funduro Tours endeavors to carefully select and compile the individual travel services, monitor the service providers on an ongoing basis, and thus ensure maximum customer satisfaction. Nevertheless, for various reasons, individual services may have shortcomings from the passenger’s point of view, which are not only a matter of inconvenience, but also a detrimental effect on travel. If the travel or individual travel services are not provided in accordance with the agreement, the traveler can ask for assistance at tour guide or directly at Funduro Tours. For the duration of the non-contractual service provision, the traveler, insofar as he does not culpably stop the notification of the defect, may demand a corresponding reduction in the price of the ticket. If the journey is caused by a significant shortcoming and is not remedied by Funduro Tours within a reasonable time, the traveler is entitled to terminate the travel contract. The determination of such a deadline is not necessary if the remedy is impossible, this is refused by tour guide or by Funduro Tours or an immediate termination of the contract is justified by a special interest of the customer. If the traveler wishes to avail himself of Funduro Tours for reduction, compensation or other reasons, these claims shall be registered only within one month after the contractually scheduled termination of the journey at Funduro Tours, at the Ziegelhütte 14, 97320 Mainstockheim. The receipt of the entitlement to claim at Funduro Tours shall be decisive for compliance with this deadline. The traveler is legally obligated to take part in the event of any performance disturbances, to avoid damage or to keep as low as possible. The traveler is also obligated to notify tour guide in good time of imminent dangers, The overloading of your own car, possibly defects on the motorcycle etc.
15. Agreement on the validity of the Montreal Convention (28 May 1999)
The traveler hereby agrees with the tour operator that he will not be responsible for the rights conferred on him by the Montreal Convention, in particular compensation for non-promotion, flight delays, overbooking, cancellation of flights or delayed arrival of travel luggage. The carrier operating in the name of the traveler. Only if and insofar as the traveler is unable to enforce his claim for compensation against the airline, he reserves the right to assert these rights against Funduro Tours. A loss of rights for the traveler is expressly excluded by this agreement. Credit for travel price reduction: If the traveler receives compensation payments pursuant to the Montreal Convention or its Implementing Regulations, he / she agrees now to apply these payments for possible warranty claims against Funduro Tours pursuant to Art. Paragraph 13 of these GTC’s.
16. Passport, Visas and Health Regulations
The traveler is responsible for compliance with all passport, visa and health regulations important for the execution of the trip. This applies in particular to carrying a valid driving license for the booked motorcycle class. Any inconvenience that the traveler may incur as a result of non-compliance shall be borne by him, except in the event of a culpable misuse or non-disclosure of Funduro Tours. Funduro Tours is committed to inform German nationals about important provisions; The competent consulate will provide information on nationals of other countries.
17. Invalidity of Provisions
The invalidity of individual provisions of the travel contract or these travel conditions does not also result in the invalidity of the entire travel contract.
18. Right, jurisdiction
The interpretation of these travel conditions, the travel agreement as well as all claims of the contractual parties are governed exclusively by German law. The jurisdiction of Funduro Tours is Würzburg. For complaints from
Funduro Tours against the traveler is the place of residence of the traveler, unless the action is directed against a full buyer; In this case the court of jurisdiction shall be Munich.
19 Organizer of the event
Funduro Tours, Owner Hans-Jürgen Neujahr & Swen Kleibrink, Ziegelhütte 14, D-97320 Mainstockheim, Germany Tel: (0049) -9321 927 983, Fax: 38231225, Email: [email protected]