General terms and conditions for photo tours

1. Conclusion of the travel contract.
Registration by the customer represents the offer to Rainer Hoffmann, hereinafter referred to as "tour operator", to conclude a binding travel contract with the tour operator.
The easiest way to register is online. Here the order of registration regulates the order of participation automatically. Registrations received by e-mail, in writing or by telephone can only be entered into the booking system manually by the tour operator on normal working days. The tour operator cannot guarantee that sufficient seats are still available. If more registrations are received than there are places available, the order of registrations will again form the list of new registrations (waiting list).
Registration is also made by the applicant for all participants listed in the registration, for whose contractual obligations the applicant is responsible as for his own obligations. For this purpose it is necessary that the applicant has assumed a corresponding separate obligation by express and separate declaration for the other co-listed participants.
With the acceptance by the tour operator the travel contract comes off. The acceptance does not require any form. At or immediately after conclusion of the contract, the tour operator will hand over the travel confirmation to the customer.
If the content of the travel confirmation differs from the content of the registration, this shall constitute a new offer by the tour operator to which the tour operator is bound for a period of 10 days. If the traveller declares acceptance to the tour operator within the binding period, the contract is concluded on the basis of this new offer.
2. Payment.
2.1 Payments on the tour price before the end of the trip may only be made against delivery of the security certificate in the sense of § 651k Abs.3 BGB. A deposit of 20% is due upon conclusion of the contract. Further payments are due on agreed dates, the remaining payment at the latest 6 weeks before the start of the trip or upon handing over or receipt of the travel documents, provided that the trip is no longer subject to the conditions set out in Section 6.b). .6.c) or 7.a) can be cancelled.
2.2 If the trip does not last longer than 24 hours, it does not include overnight accommodation and if the price of the trip does not exceed EUR 75.00, payments to the price of the trip may also be made without the issue of a security note.
2.3 If the traveller does not make the down payment and/or the balance payment in accordance with the agreed payment due dates, the tour organizer is entitled to withdraw from the travel contract after a reminder with setting a deadline and to charge the traveller with withdrawal costs in accordance with item 5.
3. Services. Which services are contractually agreed results from the service descriptions in the invitation to tender and from the information referring to them in the travel confirmation. The information contained in the invitation to tender is binding for the tour operator. However, the tour operator expressly reserves the right to declare a change to the tender details before the contract is concluded, about which the traveller will of course be informed before booking.
4. Changes in services and prices.
4.1
Changes or deviations of individual travel services from the agreed content of the travel contract, which become necessary after conclusion of the contract and which were not brought about by the tour organizer against good faith, are only permitted as long as the changes or deviations do not significantly affect the overall design of the booked trip.
4.2 The tour operator is obliged to inform the customer immediately about changes or deviations in services. If necessary, he will offer the customer a free rebooking or a free withdrawal.
4.3 Due to the individual design of the offered photo trips, further changes or deviations in performance, which are necessary due to local (e.g. climatic, structural or similar) conditions, can take place on site with the consent of all tour participants. In this respect, a claim to a free rebooking or a free withdrawal shall then lapse.
4.4 Any warranty claims shall remain unaffected to the extent that the changed services are defective.
4.5 The tour operator reserves the right to change the advertised prices confirmed with the booking in the event of an increase in transport costs or charges for certain services, such as port or airport fees, or a change in the exchange rates applicable to the relevant trip, to the extent that their increase per person or per seat has an effect if more than 4 months lie between the conclusion of the contract and the agreed travel date.
4.6 In the event of a subsequent change in the tour price or a change in an essential travel service, the tour operator must inform the traveller immediately. Price increases are not permitted from the 20th day before departure. In the event of price increases of more than 5% or in the event of a substantial change in an essential travel service, the traveller is entitled to withdraw from the travel contract, unless it is due to a considerable change in the travel service. Otherwise, the traveller may request participation in a journey of at least equivalent value if the tour operator is in a position to offer such a journey from his offer at no extra cost to the traveller. In this case, the traveler must assert these rights immediately after the tour operator has declared the price increase or change to the travel service.
5. Cancellation by the customer, rebooking, replacement persons
5.1
The customer can withdraw from the trip at any time before the start of the trip. The receipt of the cancellation declaration by the tour operator is decisive. The traveler should always declare his cancellation in writing in his interest and for reasons of preservation of evidence. If the customer withdraws from the travel contract or does not commence the trip, the tour organizer can demand compensation for the travel arrangements made and for his expenses. Usually saved expenses and other uses of the travel services are to be taken into account when calculating the compensation. In the event of cancellation by the traveller, the tour operator can also demand lump-sum reimbursement of these expenses instead of the actual expenses to be invoiced. The flat-rate claim to reimbursement of cancellation costs for all photo trips with self-drive up to 45 days before commencement of travel is 20%, from the 44th-20th day before commencement of travel 50%, from the 19th-7th day before commencement of travel 85%, from the 6th-1st day before commencement of travel or non- commencement 95% of the tour price. For the procurement of external services (e.g. flights) the general terms and conditions of the organizers apply.
The traveller can insure himself against the above-mentioned cancellation fees (cancellation costs) through a travel cancellation cost insurance. The tour operator strongly recommends taking out such insurance.
The traveller is at liberty to prove to the tour operator that he has not suffered any damage or that the damage is considerably less than the amount claimed by him.
5.2 Until the start of the journey, the traveller may demand that a third party enter into the rights and obligations arising from the travel contract instead. The tour operator may object to the entry of the third party if the third party does not meet the special travel requirements or if his participation is contrary to legal regulations or official orders.
If a third party enters into the travel contract, he and the traveler are jointly and severally liable to the tour organizer with regard to the travel price and for the additional costs incurred by the third party.
5.3 In the event of withdrawal, the organizer can demand from the customer the actual additional costs incurred.
6 Cancellation and termination by the tour operator
Before commencement of the tour, the tour organizer may withdraw from the travel contract in the following cases or terminate the travel contract after commencement of the tour:
a) Without observance of a time limit If the traveler sustainably disrupts the execution of the tour despite a warning from the tour organizer or if he behaves to such an extent contrary to the contract that the immediate cancellation of the contract is justified. If the tour operator terminates the contract, he retains the right to the travel price; however, he must take into account the value of the saved expenses as well as those advantages which he obtains from another use of the unused service, including the amounts credited to him by the service providers.
Should the tour not take place as planned or not at all (e.g. due to illness or accident of the tour leader/photographer as well as cancellation due to force majeure (e.g. catastrophes, declared emergencies or armed conflicts]), amounts paid in advance will be refunded. Any further compensation is excluded.
b) Up to 3 weeks before departure. If a minimum number of participants is indicated in the travel advertisement for the relevant trip, if a minimum number of participants has not been reached that has been advertised or specified by the authorities. The tour operator is in any case obliged to inform the customer immediately after the occurrence of the conditions for the non-implementation of the trip and to send him the cancellation without culpable hesitation. The customer receives the paid travel price back immediately. If it can be foreseen earlier that the minimum number of participants cannot be reached, the tour operator will inform the customer. Any further compensation is excluded.
c) Up to 4 weeks before departure. If it is unreasonable for the tour operator to carry out the tour after all the possibilities available to the tour operator have been exhausted because the travel volume for this tour is so low that the costs incurred by the tour operator in the event of carrying out the tour would mean that the economic sacrifice limit for this tour has been exceeded. The tour operator is only entitled to withdraw from the contract if he is not responsible for the circumstances leading to this, e.g. incorrect calculation and he proves the circumstances leading to his withdrawal and if he has submitted a comparable replacement offer to the traveller.
Also in this case the customer receives the paid travel price back immediately. If he refuses the tour operator's replacement offer, his booking expenses will be reimbursed as a lump sum. Any further compensation is excluded.
7. Cancellation of the contract due to exceptional circumstances
a) The tour operator can terminate the contract in the event of the loss of the tour guide/photographer. The customer receives the paid travel price back immediately. Any further compensation is excluded.
b) If the trip is considerably complicated, endangered or impaired due to force majeure not foreseeable at the time the contract was concluded, both the tour operator and the traveller may terminate the contract. If the contract is terminated, the tour operator can demand appropriate compensation.
Furthermore, the tour operator is obliged to take the necessary measures, in particular, if the contract includes the return transport, to repatriate the passenger. Half of the additional costs for the return transport shall be borne by each party. In all other respects, the additional costs of the traveller shall be borne by the traveller.
8. Liability of the tour operator
8.1
The tour operator is liable within the scope of his duty of care for:
1. the conscientious preparation of the journey;
2. the careful selection and monitoring of the service provider;
3. the correctness of the description of all travel services specified in the invitation to tender, unless the tour operator has declared a change to the invitation to tender prior to conclusion of the contract in accordance with section 3;
4. the proper provision of the agreed travel services;
8.2 If, within the framework of a trip or in addition to these services of a third party supplier, the tour operator provides the traveller with documents for this purpose, the tour operator shall provide third party services in this respect if he expressly points this out in the description of the trip. He is therefore not liable for the provision of this service himself. Any liability in this case shall be governed by the provisions of these companies. The traveller must be informed of these in detail and they must be made available to him upon request.
8.3 If, within the framework of a journey or in addition to it, scheduled or charter transport is provided and the passenger is issued with a ticket for this purpose, the tour operator shall provide external services in this respect if he expressly points this out in the travel description. He is therefore not liable for the provision of the transport service himself. Any liability in this case shall be governed by the conditions of carriage of these companies. The traveller must be informed of these in detail and they must be made available to him upon request.
9 Warranty
a) Remedy.
If the trip is not performed in accordance with the contract, the traveller can demand remedy. The tour operator can refuse the remedy if it requires a disproportionately high expenditure.
b) Reduction of the tour price. For the duration of a non-contractual provision of the trip, the traveler can demand a corresponding reduction of the travel price (reduction). The price of the trip shall be reduced in proportion to the value of the trip in perfect condition at the time of sale. If the traveller culpably fails to report the defect, the reduction shall not take effect.
c) Termination of the contract. If a trip is significantly impaired due to a defect and the tour organizer does not remedy the situation within a reasonable period of time, the traveler can terminate the travel contract in writing - in his own interest and for reasons of preservation of evidence if possible. The right of termination is also entitled to the traveller if the trip cannot be expected of him due to a defect for an important reason recognizable to the tour operator. The determination of a period for the remedy is only not necessary if remedy is impossible or is refused by the tour organizer or if the immediate termination of the contract is justified by a special interest of the traveler. He shall owe the tour organizer the tour price attributable to the partial services used if these services were of interest to the traveler. d) Compensation The traveler may demand compensation for non-performance without prejudice to the reduction or termination, unless the defect of the trip is due to a circumstance for which the tour organizer is not responsible.
10. Limitation of liability
10.1 The Tour Operator's contractual liability for damages which are not personal injury is limited to three times the tour price.
1. insofar as damage to the traveller is caused neither intentionally nor through gross negligence, or
2. insofar as the tour organizer is responsible for damage incurred by the traveller solely due to the fault of a service provider.
10.2 The Tour Operator is liable for all claims for damages against the Tour Operator arising from tort which are not based on intent or gross negligence up to EUR 4,100.00; if the triple travel price exceeds this amount, the liability for material damage is limited to three times the travel price. These limits of liability apply per traveler and traveller.
10.3 The tour operator is not liable for service disruptions, personal injury and material damage in connection with services which are only arranged as external services if these services are expressly and clearly marked as external services in the travel description and booking confirmation, stating the arranged contractual partner, so that they are recognizably not part of the travel services for the traveler. In this respect, flights are expressly arranged in the name and for the account of the respective airlines. The same applies to hotel agencies which are not included in the tour prices of the tour operator.
10.4 Compensation against the tour operator is limited or excluded insofar as a claim for compensation against the service provider can only be asserted under certain conditions or restrictions or is excluded under certain conditions on the basis of international agreements or legal provisions based on such agreements to which the services to be provided by a service provider are to be applied.
11 Duty to cooperate
The traveller is obliged to cooperate within the framework of legal regulations in the event of service disruptions, to avoid possible damage or to keep it to a minimum. In particular, the traveller is obliged to inform the local tour guide immediately of any complaints. The latter is commissioned, if possible, to remedy the situation. If the traveller culpably fails to report a defect, he has no claim to a reduction of the tour price in this respect.
12. Exclusion of claims and limitation of actions
Claims for non-contractual provision of travel services must be asserted by the traveller in writing to the tour operator within one month of the contractually agreed end of the trip in his interest and for reasons of preservation of evidence. If the traveller is prevented from meeting the deadline through no fault of his own, he may also assert claims after the deadline has expired.
Claims of the traveller according to §§ 651c to 651f BGB become statute-barred after two years. The statute of limitations begins with the day on which the trip should end according to the contract. The limitation period is suspended if negotiations are pending between the traveller and the tour operator regarding the claim or the circumstances giving rise to the claim until the traveller or the tour operator refuses to continue the negotiations. The statute of limitations shall expire at the earliest three months after the end of the suspension.
13. Passport, visa and health regulations
The tour operator is responsible for informing nationals of the country in which the trip is offered about provisions of passport, visa and health regulations as well as any amendments thereto before the start of the trip. For nationals of other countries, please contact the relevant consulate.
The tour operator is not liable for the timely issue or access of necessary visas by the respective diplomatic representation, if the traveler has instructed the tour operator with the procurement, unless the tour operator is responsible for the delay.
The traveller is responsible for complying with all regulations that are important for carrying out the trip. All disadvantages, in particular the payment of cancellation costs arising from non-compliance with these regulations, shall be borne by the traveller, except if they are caused by the culpable misinformation or non-information of the tour organizer.
14. Ineffectiveness of individual provisions
The invalidity of individual provisions of the travel contract does not result in the invalidity of the entire travel contract.
15. Court of jurisdiction
For complaints of the travelers against the tour operator it remains with the seat of the tour operator. For actions of the tour operator against the traveller, the residence of the traveller is decisive, unless the action is directed against registered traders or persons who have moved their residence or usual place of abode abroad after conclusion of the contract.