1. Conclusion of the Travel Contract
With the forwarding of our non-binding offer, we request the customer to submit an offer concerning the conclusion of the contract to us. The travel contract is concluded with our written acceptance (in the form of the travel confirmation).
2. Payment
a) The overall amount must be credited at the latest 31 days before the journey begins to one of our accounts. This only applies if prior to this, a security certificate has been handed over by alpetour (§ 651 k, para. 3 of the German Civil Code). Security certificates are only handed to travellers, not to those commercially responsible, who themselves act as tourist operators.
b) Payments are made to alpetour or to a travel agency authorised to receive payments.
c) Payments can be settled by bank transfer or by cheque
3. Performance
The scope of performance for which alpetour is responsible results from the travel prospectuses insofar as no other agreements have been reached.
4. Changes to Performances and Prices before the Journey Begins
a) We expressly reserve the right before conclusion of the contract to declare a change to the prospectus details about which the traveller is informed before the booking is made.
b) If we are aware before the journey begins that individual travel services cannot be performed in conformity with the contract, we are entitled to change the performance if we can offer a commensurate replacement service of equal standing.
c) alpetour reserves the right to alter the advertised prices confirmed with the booking in the case of an increase in the travel costs or the charges for certain services, such as harbour or airport fees or a change in the exchange rates for the journeys affected in the manner as the increase affects the travel price per person or seat, in as far as more than four months lie between the conclusion of the contract and the agreed travel date.
d) In the case of a subsequent change in the travel price or a change to an important travel service, the tour operator has to give notice to the travelling person of this immediately, at the latest 21 days before the start of the journey. Price increases after this point in time are not permissible. For price increases of more than 5 % or in the case of a considerable change to an important travel service, the traveller is entitled without charge to withdraw from the travel contract or to demand the participation in at least a comparable journey, if the tour operator is in a position to offer such a journey to the traveller without surcharge to the traveller. The latter has to assert these rights immediately after the offer being stated by the tour operator concerning the price increase or change in the travel service being made to him/her.
5. Withdrawal
The traveller is entitled to withdraw before commencement of the journey. We recommend this declaration be submitted in writing. In the event of a withdrawal, alpetour is entitled to estimate the compensation alternatively, by means of the following flat rates, (in accordance with § 651 i, para. 3 of the German Civil Code) or by means of concrete calculations (in accordance with § 651 i, para.2 of the German Civil Code) and to assert this. Up to 30 days before the beginning of the journey, we charge no cancellation fee. From 29-22 days we charge a cancellation fee of 20% of the journey price, from 21-15 days 30%, from 14-7 days 50% and from Day 6 80% of the journey price. These regulations are also applied if individual travellers in a group withdraw or the journey is not commenced. The traveller is at liberty to demonstrate that no damage or only slight damage was caused.
6. Guarantee
a) Redress
If a journey is not fulfilled in accordance with the contract, the traveller can demand redress. Alpetour can refuse to made redress if incommensurate expense is necessary. Alpetour can also similarly take remedial action by providing a comparable replacement service.
b) Reduction of the Journey Price
For the duration of a performance not in conformity with the contract, the traveller can demand a corresponding reduction of the journey price (price reduction). The reduction does not take effect if the traveller culpably desists from communicating the defect. A defect occurring is to be communicated immediately to the local travel company representative. If there is no one or the person cannot be reached, the defect can be notified to alpetour GmbH, by telephone under: 08151/775-0.
c) Termination of the Contract
If a journey is considerably impaired by a defect and alpetour does not affect a remedy within a commensurate deadline set by the traveller; the traveller can terminate the contract within the framework of the statutory provisions. The same applies if the journey cannot be expected of the traveller as a result of the defect for important The same applies if the traveller cannot be expected as a result of a defect to complete the journey for important and for alpetour recognisable reasons. The determination of a deadline for the remedy is only then not required if a remedy is impossible or is refused by the tour operator or if the immediate termination of the contract is justified by a special interest of the traveller.
d) Damages
The traveller can irrespective of the reduction in price or the terminating of the contract demand damages due to the non-fulfilment unless the defect in the journey is based on circumstances for which the tour operator cannot be held responsible.
7. Lodgement of Claims
a) In as far as the traveller wishes to assert claims against alpetour resulting from the travel contract or due to not permitted actions, he has to notify this within a month after the contractual envisaged end of the journey to alpetour Touristische GmbH, Josef-Jägerhuber Straße 6, 82319 Starnberg.
b) Contractual claims resulting from the travel contract are statute-barred within 2 years. The period of limitation begins on the day of the contractual end of the journey and is retarded by the assertion of claims for so long until alpetour rejects the claims.
8. Restriction of Liability
a) The contractual liability of the tour operator for damages, which are not bodily injuries, is restricted to the three-fold journey price insofar as damages to the traveller are neither caused intentionally nor as a result of gross negligence or insofar as the tour operator is responsible for damages incurred by the traveller solely due to the fault of a services renderer.
b) A claim for damages against the tour operator is restricted or excluded insofar as, based on international agreements or based on such statutory regulations, which are applicable to the services to be performed by a services renderer. A claim for damages against the services renderer only occurs under certain pre-requisites or restrictions or can be asserted or is excluded under certain circumstances.
c) If the tour operator takes on the position of a contractual air freighter, the legality is governed by the provisions of air traffic law in conjunction with the International Treaties of Warsaw, The Hague, Guadalajara and the Montreal Agreement (only for flights to USA and Canada). These treaties normally restrict the liability of their freighter to death or bodily injury and for losses and damages to luggage. Insofar as the tour operator in other cases is the services renderer, he is liable for these in accordance with the applicable provisions.
d) For all claims for damages of the customer against alpetour for unauthorised actions, which are not based on gross intention or gross negligence, alpetour is liable for material damages up to € 4 100. If the threefold journey price exceeds this sum, liability for material damage is restricted to the amount of the threefold journey price. The maximum liability sums apply respectively per journey and traveller. The customer in this connection is recommended in his/her owns interests to conclude a luggage travel insurance.
e) alpetour is not liable for performance disruptions in connection with services, which are only brokered as external services (sports events, visits to the theatre etc.) and are marked in the travel specifications expressly as external services.
f) If alpetour for sea trips takes on the position of a contractual shipper, the legality is governed by the provisions of the German Commercial Code and the Inland Waterways Act.
9. Place of Jurisdiction
The place of jurisdiction for contracts with company representatives or legal persons under public law is Starnberg.
10. Invalidity of individual Clauses
Invalidity of individual provisions in the contract does not lead to the invalidity of the contract overall.