if you travel with us, a contract will be entered into between you and pedelon. The legal matters are provided for in the following travel conditions: They correspond to the provisions of the law for regulation of the law on general terms and conditions and supplement the statutory provisions of travel contract law. The statutory provisions shall apply to any matters that are not provided for by the following conditions. You accept the travel conditions by booking. Because of this, we ask you to read the following text carefully. Specifically observe that a minimum participant number of 6 persons is required for all offered multi-day travels (day tours: 4 pers.).
You may sign up with our registration form in the catalogue or using the internet form. By signing up, you offer conclusion of a travel contract to us based on the service descriptions and prices in our catalogue and on our website. The contract will be entered into only by our written confirmation. The registration shall take place through the registerer for all participants listed in registration for whose contractual obligations the registerer is responsible as for his own if he has assumed the corresponding obligation by express and separate declaration.
For our multy-day travels applies additionally: With the confirmation, you will also receive the statutory security certificate and the “pedelon travelling information”, which will include important information on the individual trip to the starting point, additional stays, start and end of the travel and other relevant information.
2. Travelling Price Security
In correspondence with the statutory rule in the sense of § 651 k para. 3 German Civil Code, pedelon has ensured that the travelling price paid in case of inability to pay debts or insolvency where this causes travel services to be cancelled or necessary expenses for the return travel, occurring because of this can be reimbursed to you. This customer money security purs. to § 651 k German Civil Code is taken out with TRAVELSAFE GmbH, Neuburger Str. 102f, 94036 Passau, phone: 0851-52152 with ZURICH Insurance Plc – branch Germany The security certificate will be enclosed with your booking confirmation.
3. Services and Prices
The services included in our travel price shall result from the travel registration, confirmation and the information according to the offer on our website and in our catalogue. They include transport on the interim routes and the entrance and other fees when visiting the intended sights. This does not include own visits of sights, transports on “resting days/stay days” and excursions marked as optional. Where the offer does not state any differently, you will travel to the starting point individually. Supplementary or changing agreements shall require express agreement with pedelon, which should be made in writing for reasons of evidence. Travel agencies have no right to enter into supplementary or modifying agreements or make any such representations. If flights are part of the travel, this may be included with interim stops or transfers. You may have to fly to the destination in the afternoon or evening and fly back in the morning. We try to adjust the flights to the travel course and your wishes. Claims from unreasonable deviations from the services shall not be affected. A tourism classification of the hotels as indicated in the catalogue refers to the respective common classification in the country.
Modifications and deviations of individual travel services from the agreed content of the travel contract shall be permitted if necessary after conclusion of the contract and not caused by us under violation of trust, but only where the modification or deviation is reasonable and does not impair the overall design of the travel.
4. Mediation of Third-Party Services
Where we mediate subsequent overnight stays, flights, rented cars, offers from other organizers, etc., expressly in another’s name, the content of the contract shall be according to the conditions of the traveller’s contracting partner.
5. Downpayment/Remaining Payment of the Travelling Price
For our multy-day travels applies: With receipt of our booking confirmation and the security certificate, a downpaymnet of 20 % of the travelling price shall be due for each traveller. The premium for facultative travel cancellation insurance shall be due in addition to the downpayment. Payments can be made by direct debit or by transfer. The remaining amount shall be due 21 days before starting the travel. After receipt of the payment, you will receive the complete travelling documents one to two weeks before starting your travel. If any due payments are not or not completely made, and if you do not pay within a period set in a reminder, we may declare rescission of the contract and claim cancellation compensation according to item 7. In case of short-term booking – if there are less than 28 days between booking and the date of the travel – the travelling price shall be due in full after receipt of the travel confirmation and the security certificate.
For our day tours apply: You have to do the payment cash only to the tour guide. You will get a receipt for this. Alternatively you can give him a direct debit authorization.
6. Price Changes
All prices shall only apply to travels in the calendar year 2017. We shall have the right to increase the travel price if the transport costs increase for us after conclusion of the contract for reasons that were not foreseeable for us and for which we are not at fault, e.g. oil price increase, exchange rates for the booked travel, fees for entering and staying in a country, authority fees and fees such as harbor and airport fees, safety fees, or if they arise newly. Increase shall only be permitted if there are more than 4 months between the start of the travel and conclusion of the contract. We shall always inform you of such price increase without delay, which must only cover the total of the increase, no later than three weeks before the agreed departure date at the latest. If the amount increases by more than 5%, the rights in item 5 shall apply.
7. Rescission of the travel contract
You may declare rescission of the travel contract at any time. Receipt of the declaration of rescission by the travel organizer shall be relevant. The rescission must be submitted in writing. In case of rescission, we shall have the right to demand compensation under consideration of the usually saved expenses. Instead of specific calculation of the rescission compensation, we may charge a flat-rate cancellation compensation. At rescission, we shall charge the following per person:
Up to the 60th day before commencement of the travel: 15 % of the price for the travel
Up to the 28th day before commencement of the travel: 30 % of the price for the travel
Up to the 14th day before commencement of the travel: 50 % of the price for the travel
Up to the 6th day before commencement of the travel: 60 % of the price for the travel
From the 5th day before commencement of the travel: 80 % of the price for the travel
These flat-rates consider the commonly saved expenses and possible other use of the travel service. You have the right to provide that we have not incurred any damage or that it was much lower than this flat-rate. If the place cleared by you is occupied by another participant, we shall only charge a compensation of € 50.00 p.p. If the price increases by more than 5% of the travel price or if any essential travelling services change considerably, you shall have the right to rescission of the contract or – just as in case of permitted cancellation of the travel by us – to demand participation in an equal travel, if we are able to offer this kind of travel from our offer without surcharge. You are obliged to assert these rights without delay after receiving the change notification. If a double room booking for two persons is later changed to a single room booking for one person, there will be cancellation fees from the prorated travelling price for one person. The travelling person may have to pay a single room surcharge in addition to the previous prorated travelling price; however, this shall only apply if the cancellation fee is not 80 %.
8. Rebooking of the travel
The customer shall not have any claim to change the travel date, destination, place of commencement of the travel, accommodation or type of transport (rebooking) after conclusion of the contract. However up to 50 days before the travel commences, we will rebook for a rebooking fee of 50.00 € per person if possible and available. Rebooking wishes of the customer that are reported after the end of this period can only be performed after rescission of the travelling contract at the conditions named in item 7 (cancellation fees) and concurrent re-registration. If you have ordered any additional reservation mediated through us with a booked travel (e.g. flight or hotel) that you rebook or cancel, we may charge any rising cancellation fees of the respective service providers to you. Until commencement of the travel, the traveller my demand that a third party enter into the rights and obligations from the travelling contract instead of him. The travel organizer may object to this third-party entry if he does not comply with the special travel requirements or if his participation is prevented by statutory rules or authority orders. If a third party enters into the contract, he and the traveller shall be liable to the travel organizer as joint and several debtors for the travelling price and the additional costs caused by the entry of the third party.
9. Interruption of the Travel
If a traveller has to interrupt the travel, e.g. due to illness, pedelon will strive for reimbursement of service providers, and reimburse these and other saved expenses to the participant after deduction of an appropriate processing fee.
10. Termination of the Travelling Contract by pedelon or the Guest
a) Without compliance with any period
If the traveller sustainably interferes with performance of the travel in spite of reminder by the travel organizer or if he acts in violation of the contract so that the immediate dissolution of the contract is justified If the travelling organizer terminates the contract, it shall retain the claim to the travelling price; however, he shall have the value of the saved expenses and those benefits set off against this that he acquires from other use of the services not used, including the amounts credited to him by other service providers.
b) Minimum number of participants not reached 29 days (day tous: until 24 hrs. before departure) before commencement of the travel.
For our day tours applies: If 24 hrs before the tour starts there is an 85 % possibility of rain in the local weather forecast we can cancel the tour.
Where not expressly indicated otherwise in the travel description, the minimum participant number for all bicycle travels is 6 persons. We reserve the right to cancel a travel up to 29 days (day tours: 3 days) before commencement if the minimum number of participants is not reached (day tours: 4 participants). pedelon is obliged to inform the customer without delay after the prerequisites for non-performance of the travel occur, and to send him the declaration of rescission without delay and reimburse any downpayments made. If it already becomes clear at an earlier time that the minimum participant number cannot be reached, you will be informed by us.
c) Due to force majeure
If the travel is made considerably more difficult, endangered or impaired because of any force majeure that could not be foreseen at conclusion of the contract, the travel organizer or the traveller both may terminate the contract. Our pedelon guides have the right to terminate in this case. If the contract is terminated, the travel organizer may demand an appropriate compensation for the travel services already rendered or still to be rendered until termination of the travel. Furthermore, the travel organizer shall take the necessary measures to return the traveller if the contract includes return transport. The additional costs for return transport shall be assumed by the parties at equal shares. Apart from this, the additional costs shall be assumed by the traveller
11. Compensation, Contractual Obligations, Deadlines and Damages
If you have reason to complain in spite of the greatest care that we apply in the planning and performance of these travels, you are entitled to the statutory warranty rights of remedy, self-remedy, reduction of the travelling price, termination of the contract and damages only where you do not culpably omit informing us of a defect that occurred during the travel. The pedelon guides will receive any reports on defects. They have no right to accept any claims. Alternatively, you may contact pedelon directly during office hours. If the travel is not rendered according to the contract, the traveller may demand remedy. The travel organizer may refuse remedy if this requires an unreasonable effort. The travel organizer may also provide remedy by providing an equal replacement service. If the traveller culpably does not report a defect, there shall be no claim to reduction. In case of a travel defect, you may only perform self-remedy or terminate the travel in case of a considerable defect if you have first given us an appropriate period to remedy the defect. Such period does not have to be granted if remedy is impossible or refused by us or if immediate remedy is required by a special interest of the traveller. Claims from non-contractual rendering of the travel must be asserted against pedelon (address, see below) by the traveller within one month of the contractually intended completion of the travel. Contractual claims regarding injury or due to gross negligence or willful intent shall expire after two years. Other contractual claims shall expire after one year. The traveller may only raise a claim against pedelon at its seat. For claims of pedelon against the traveller, the place of residence of the traveller shall be relevant unless the claim is against full merchants or against persons who have no general place of jurisdiction in the country, or against persons who have moved their general place of residence abroad or whose general place of residence is not known at the time the claim is raised. In such cases the seat of pedelon shall be relevant.
pedelon shall be liable in the scope of the obligation of diligence of proper merchant for conscientious travel preparations, careful selection and monitoring of the service provider, accuracy of the descriptions in the pedelon catalogue and proper rendering of the agreed travel services. Our liability shall be excluded or limited where liability of a service provider for the service to be rendered by him is excluded or limited as well based on international connections or statutory provisions based on these. Our liability for damage that is not injury shall be limited to three times the travel price, where damage has not been caused willfully or grossly negligently by pedelon or where pedelon is responsible for a damage arising for a traveller Solely due to fault of one of its service providers. Pedelon shall not be liable for service interferences in connection with third-party services that are marked as such in the travel offer. This shall include, e.g., transport by line flights and in line traffic of train, bus or ships, or in rental cars for which the traveller has received a separate transport certificate. If transport by plane takes place in the scope of a pedelon travel or in addition to it, and if the corresponding plane ticket is issued for the traveller for this, pedelon shall not be liable for this flight. In this case, pedelon shall only be an agent for the flight between the traveller and the airline. For this reason, pedelon shall not be liable for defects of transport on the plane, for cancelled flights, rebookings, delays, accidents and other defects in transport, e.g. loss or delayed delivery of the travelling luggage of our guests. Any liability in any of these cases shall be according to the transport provisions of the airlines. On request, we will inform our guests of these transport conditions. We recommend to insure yourself against the risks connected to a travel additionally and at your own expense in any case.
13. Passport, Visa and Health Provisions
Travels abroad require a valid personal ID or passport. Any travelling countries offered by us require only a passport or personal ID that is valid for at least three months for German, Swiss or Austrian citizens. For other nationalities, the relevant consulate will provide information. Every traveller is responsible for providing the travelling documents required for crossing the border, such as passport, visa, etc. If you have to cancel your travel due to insufficient documents, we must treat this as rescission of the travel and shall have the right to charge the corresponding rescission. This shall not include cases due to culpably wrong or omitted information by the travel organizer.
14. Publication of Photographs from the Travel
By booking, you agree that any photographs made by pedelon employees or fellow travellers during the travel may be used free of charge for marking purposes of pedelon (catalogue, website, newsletter, etc.).
We recommend that you take out travel cancellation costs insurance. Travelling health insurance is also sensible. Further insurances that cover possible travel risks are travel luggage, travel accident and travel liability insurance. Check if this would be sensible for you. When confirming your participation, we will include the insurance forms in which you can see the precise insurance conditions, services and prices. You need to take out these insurances yourself.
16. Participation with your own bike
If you want to participate with your own bike, this is usually possible and not subject to separate costs. This must be reported in advance and confirmed by us. There will be a separate contractual relationship for the transport, support and storage of your bike. The bike will be kept and transported like our own bikes. Our liability for property damage from this separate contractual relationship shall, where not due to willful intent or gross negligence, be limited to an amount of € 4000.00. The guest shall organize transport to the start of the travel and bear the costs arising for this.
17. Data Privacy
All personal data that are provided to us to process the travel are protected against abuse according to the Federal data privacy act (Bundesdatenschutzgesetz; BDSG) Only such data as are required for performance of the contract will be passed on. Use of personal data for advertising purposes of pedelon shall be according to the statutory provisions. Pursuant to § 28 para. 4 Federal data privacy act, you may object to this use. A short notification to the address below shall be sufficient.
The invalidity of individual provisions of the travelling contract shall not lead to invalidity of the entire travelling contract. Only you may assess – if required, in coordination with your general practitioner – if your health is up to the requirements of a travel that every healthy person can manage. You are responsible for compliance with the provisions of the road traffic ordinance and you are also responsible for any damage that you cause to yourself or others. Specifically when participating in activities, e.g. inserted hikes, boat and canoe rides, you should critically asses your personal performance (alternative bicycle routes or transport options are always present, and participation is voluntary).
All information in this catalogue corresponds to the respective catalogue offer at the time of print. Print or input errors may occur in spite of the greatest care. Changes to our offer are therefore reserved until conclusion of the contract..
Phone: +49 (0)89 61 466 980
Fax: +49 (0)89 61 466 984
VAT ID DE298360029
Managing directors: Christoph Schroth, Markus Grimm, Markus Wieser
Editorial deadline: 30 November 2016