Terms and Conditions

and Traveller Information Form

The following translation of our travel conditions serves solely the purposes of a better understanding. Legally, only the German version is decisive.
If validly is agreed upon, the below terms and conditions shall be included in the Package Holiday Contract between Client and Rückenwind Reisen GmbH (“Tour Operator”) as a supplement to the statutory provisions under sec. 651 a-y BGB (Bürgerliches Gesetzbuch [German Civil Code]) and those under §§4-11 BGB-InfoV (Ordinance on Information and Proof Obligations under Civil Law) and fill them in.
Consequently, the travel conditions do not apply if the glient has not booked a package tour (but e.g. linked travel services according to § 651w BGB), as he/she receives corresponding other information about this. The headings in these terms and conditions are intended solely to facilitate the overview and are in no way binding on the content or interpretation of the clauses.

1. Package Travel Contract Conclusion/Travellers’ Duties
1.1 The following applies to all booking channels (e.g. at the travel agency, directly with the tour operator, by telephone, online, etc.):
a) During the booking process (travel registration), client makes a binding offer to Rückenwind Reisen GmbH to conclude a Package Travel Contract. This offer is based on the folder and/or catalogue descriptions and additional information which Tour Operator provides for the relevant travel on the condition that they are available upon booking.
b) Registrations shall apply to all clients indicated on the registration. The registrant expressly declares that he/she will be responsible for contractual duties of any clients listed on the registration.
c) If the content of the tour operator‘s travel confirmation differs from the content of the booking, the tour operator has a new offer to which he is bound for a period of ten days. The contract is concluded on the basis of this new offer insofar as the tour operator has pointed out the change with regard to the new offer and has fulfilled its pre-contractual information obligations and the client declares acceptance to the tour operator by express declaration or down payment within the binding period.
d) The pre-contractual information’s provided by the tour-operator on the essential characteristics of the travel service, the prices and all additional cots, the payment modalities, the minimum number of participants and the cancellation rate (according to article 250 § 3 Number, 1,3 to 5 and 7 EGBGB - German civil code) shall be concluded into the package travel contract only after the Tour operator confirmed this in writing (by e-mail or letter).
1.2 Booking may occur in writing, verbally, by telephone, by fax or by electronic means (e-mail, internet).
a) With the booking (travel registration), the client offers the tour operator the binding conclusion of the package travel contract.
b) At or immediately after the conclusion of the contract, the tour operator give the client a corresponding travel confirmation on a permanent transmit data carries (which allows the client to keep the declarations unchanged saved as long as it is necessary for a appropriate period (e.g. on paper or by e-mail). If the client is not entitled to keep a travel confirmation in paper form in according to Art. 250 § 6 para. 1 sentence 2 of the ECGB, because the conclusion of the contract is at the same time physical presence of both parties or outside of the business office.
1.3. Regarding bookings based on e commerce (such as the internet), the following shall apply to contract conclusion:
a) Client is guided through each booking step;
b) they will be able to correct their entries, delete or clear the entire online booking form.
c) The contract languages offered for the execution of the electronic booking are indicated. Only the German language is legally authoritative.
d) The contract is concluded once Client receives Tour Operator’s booking confirmation on a permanent data storage device.
e) When clicking on “Book Now”, Client bindingly offers Tour Operator to conclude the travel contract, whereby an electronic confirmation of travel registration receipt does not represent travel contract acceptance.
f) The client will receive an electronic confirmation of receipt of his/her travel registration without delay (confirmation of receipt).
g) The transmission of the travel registration by pressing the button does not constitute a claim of the client to the conclusion of a contract
h) The transmission of the booking by pressing the button does not give rise to any entitlement of the client to the conclusion of a contract. The contract can only be concluded if the Tour operator confirmation is received by the client on a permanent medium. If the travel confirmation is obtained immediately after pressing the button „Book with a payment obligations“ by displaying the travel confirmation on the screen, the package travel contract is concluded with display of the travel confirmation. In this case, no interim notification of the receipt of the booking referred to in point i) above is required, provided that the client is offered the option of storing it on a durable medium and of printing the travel confirmation. However, the liability of the package travel agreement does not depend on whether the client actually makes use of these options for storage or expression.
2.6 The Tour Operator points out that according to the statutory provisions (§§ 312 para. 7, 312g para. 2 sentence 1 no. 9 BGB) there is no right of withdrawal for package travel contracts according to § 651a and § 651c BGB concluded at a distance (letters, catalogues, telephone calls, telecopies, e-mails, short messages sent via mobile phone (SMS) as well as broadcasting, tele media and online services), but only the statutory rights of withdrawal and termination, in particular the right of withdrawal according to § 651h BGB (see also section 5). However, there is a right of withdrawal if the contract for travel services has been concluded outside business premises pursuant to Section 651a BGB, unless the oral negotiations on which the conclusion of the contract is based have been conducted at the consumer ‘s prior order; in the latter case, there is no right of withdrawal.

2. Payment
2.1 Tour Operator and travel agencies may request and accept payments prior to the end of the travel only if Client is given a secured payment certificate. After contract conclusion, Client must make an advance payment –against the issuance of a secured payment certificate – of 20% of the travel price at once from invoice receipt. The remaining amount shall be due 28 days prior to departure if the secured payment certificate was issued and if the travel can no longer be cancelled for the reason indicated under item 8a. In the case of international wire transfers, the total amount must be paid to Tour Operator’s account without additional expenses for them.
2.2 Should Client fail to make timely payments, Tour Operator may, after reminders without success and a grace period, withdraw from the travel contract and request cancellation costs in terms of item 4.2 sentence 2 to 4.5. Tour Operator reserves the right to charge on to Client any additional costs (such as bank fees) due to failed or incomplete payments.

3. Changes to the contents of the contract before the start of the trip that do not affect the price of the trip
3.1 Changes to and deviations of single travel services from travel contract contents required after contract conclusion, such as due to special navigation situations, excluding those caused by Tour Operator in bad faith, shall be admissible unless significant, leading to significant changes of travel services and interfering with the overall travel structure. Any warranty claims shall not be affected to the extent to which service changes are defective. Tour Operator must immediately inform Client about travel service changes in a clear, comprehensive and highlighted way on a permanent data storage device.
3.2 The Tour Operator is obliged to inform the client about changes to services immediately after becoming aware of the reason for the change on a durable data medium (e.g. also by e-mail, SMS or voice message) in a clear, comprehensible and prominent manner.
3.3 In the event of significant changes to travel services, Client may withdraw from the travel contract without incurring any costs, whereby they must exercise this right within a reasonable period and/or immediately after being informed about any changes. Client has a right, but no obligation, to react to such information letter. Should Client respond to Tour Operator, they may agree to contract amendments, request participation in replacement travels (if offered to Client) or withdraw from the contract without any costs. If Client reacts not at all or not during legally prescribed period, the indicated changes shall be considered accepted.
The traveller must be informed of this in a clear, understandable and prominent manner in the declaration pursuant to clause 3.2.
3.4 Any warranty claims remain unaffected insofar as the changed services are defective. If the Tour Operator had lower costs for the implementation of the changed trip or replacement trip with equivalent quality, the difference must be reimbursed to the traveller in accordance with Section 651m (2) of the German Civil Code (BGB).

4. Withdrawal by client
4.1 Client has the right, prior to departure, to withdraw from the travel by making a declaration to Tour Operator. If travel agencies were involved in the booking process, such declarations may also be made to them. We recommend making written declarations which shall become effective once received by Tour Operator.
4.2 Should Client withdraw prior to departure or fails to begin the journey , Tour Operator may request reasonable compensation, unless Tour Operator is liable for such withdrawal or unless special circumstances at the destination or places in the immediate vicinity considerably interfere with the journey. Circumstances shall be considered unavoidable and special if beyond Tour Operator’s control and if their consequences could not have been avoided even if all reasonable precautionary measures had been taken.
4.3 Compensation shall depend on the travel price, less the amount of saved expenses for Tour Operator and income from using travel services in any other way. Tour Operator determined the below lump-sum compensation considering the period between the withdrawal and departure and considering expected saved expenses and income from using travel services in other ways. Compensation shall be calculated based on the below withdrawal scale after a declaration of withdrawal was received:

a) By bicycle tours*
until 28 days before start 20 %*
27 to 14 days before start 30 %
13 to 8 days before start 50 %
7 to 4 days before start 70 %
3 days before start and No-Show 90 %
of the travel price. (*not less than € 50,-)

b) Boat and bike**
until 84 days before start 20 %**
83 to 42 days before start 30 %
41 to 28 days before start 60 %
27 to 4 days before start 80 %
3 days before start and No-Show 90 %
of the travel price. (**not less than € 50,-)

4.4 Client shall have the right to show to Tour Operator that reasonable compensation which the latter may request is lower than lump-sum compensation requested by them.
4.5 Instead of the above lump-sum compensation, Tour Operator reserves the right to request higher, individually calculated compensation if they show that they incurred significantly higher expenses than the relevant lump-sum compensation amount. In this case, Tour Operator must indicate the exact amount considering saved expenses and income from using the services in other ways and they must provide reasons.
4.6 If the tour operator is obliged to refund the tour price as a result of a cancellation, he must do so immediately, but in any case within 14 days of receipt of the cancellation notice.
4.7 The statutory right of the clients to demand from the tour operator, in accordance with § 651e BGB (German Civil Code), by means of notification on a durable medium, that a third party instead of him enters into the rights and obligations arising from the package travel contract, remains unaffected by the above conditions. Such a declaration is in any case timely if it is received by the tour operator 7 days before the start of the tour.

5. Booking Alterations
5.1 After contract conclusion, Client may not request travel times, destinations, places of departure, accommodations or types of transport to be changed (booking alterations). This does not apply if the rebooking is necessary because the tour operator has provided no, insufficient or incorrect pre-contractual information to the customer in accordance with Art. 250 § 3 EGBGB; in this case, the rebooking is possible free of charge. If, upon Client’s request, but without changing the overall structure, bookings are altered not later than 45 days prior to departure, service lump sums of EUR 50.00 must be paid by each client requesting alterations.
5.2 Rebooking requests made by the client after expiry of the deadlines can, if they can be carried out at all, only be carried out after withdrawal from the Package Travel Contract in accordance with Clause 4 on the terms and conditions and simultaneous re-registration. This does not apply to rebooking requests that only cause minor costs.

6. Unused Services
Should Client not use services which Tour Operator was ready and able to contractually perform for reasons within Client’s control, they shall have no claim for pro-rata travel price reimbursements. Tour Operator shall try and make service providers reimburse any expenses which they saved, whereby this is not required if such expenses are insignificant.

7. Withdrawal and Cancellation by Tour Operator
7.1 The tour operator may only withdraw from the package travel contract because the minimum number of participants is not reached if he:
(a) in the respective pre-contractual information the minimum number of participants and the date by which the declaration must have been received by the client at the latest before the contractually agreed start of the journey has been specified; and
b) indicate in the travel confirmation the minimum number of participants and the latest withdrawal period. A cancellation must be declared to the client at the latest on the day (up to 28 days before the date of departure) indicated to the client in the pre-contractual information and the travel confirmation. If it is already apparent at an earlier stage that the minimum number of participants cannot be reached, the tour operator must immediately exercise its right of withdrawal.
7.2 If the trip is not carried out for this reason, the tour operator must immediately, but in any case within 14 days of receipt of the cancellation declaration, refund the clients payments on the travel price.

8. Termination for reasons of conduct
The tour operator may terminate the package tour contract without notice if the client, despite a warning by the tour operator, persistently disturbs the tour or if he behaves in breach of contract to such an extent that the immediate cancellation of the contract is justified. This does not apply if the behavior in breach of contract is causally based on a breach of the tour operator ‘s duty to provide information. If the tour operator cancels the contract, it retains the right to the tour price; however, it must take into account the value of the saved expenses as well as the advantages it gains from using the unused service in another way, including the amounts credited to it by the service providers.

9. Client’s Duty to Cooperate; Warranty; Cancellation by Client
9.1 Travel documents
Client must inform Tour Operator if they do not receive required travel documents (such as vouchers) within the period indicated by Tour Operator.
9.2 Defect Notification
If travel is performed contrary to the contract, Client may request rectification.
Client must notify Tour Operator’s travel guides of such defects without undue delay; should there be no such guides, they must inform the service-hotline and/or Tour Operator at their registered office. Travel guides are requested to rectify defects, if possible, whereby they may not acknowledge any claims. Should Tour Operator be unable to rectify defects due to Client culpably failing to notify them, Client may assert neither price reduction claims in terms of sec. 651m BGB nor damages in terms of sec. 651n BGB.
b) Tour Operator may refuse rectification if this requires unreasonable efforts. However, they may also rectify by rendering equivalent substitute services, such as using other travelling along other routes.
c) Time Limits Prior to Cancellation
If Client intends to cancel the travel contract due to defects, they must previously grant Tour Operator a reasonable grace period for rectification. Should rectification fail within that reasonable period, Client may cancel the travel contract – preferably in writing – based on legal provisions. This shall also apply if Client cannot be expected to participate in the journey due to a defect and for reasons clearly understandable for Tour Operator. No time limit for rectification shall be required if rectification is impossible or if Client’s special interests justify immediate contract cancellation.

10. Limitation of Liability
10.1 The client is responsible for compliance with the road traffic regulations and the serviceability of his own bike. The contractual liability of the tour operator for damages that are not bodily damage and have not been caused culpably is limited to three times the travel price. The limitation shall be without prejudice to any claims that may go beyond those contained in international agreements or in such statutory provisions.
10.2 Tour Operator’s contractual liability for damage not resulting from injuries to life, limb or health and not caused in a culpable manner shall be limited to three times the travel price. Any additional claims due to international conventions shall not be affected by this limitation.
b) Tour Operator shall not be liable for defaults, personal and property damage related to services which they only brokered as third-party services (such as outings, visits to theatres) if travel descriptions and confirmations, expressly and by stating both the contract partners’ identities and addresses, indicate them as third-party services in a clear way so that Client understands that they are not included in the package and that they were separately selected. However, Tour Operator shall be liable if and to the extent that damage incurred by client is based on violations of their information and organization duties.
10.3 Setting a deadline before cancellation
If a customer wishes to terminate the package travel contract due to a travel defect of the type specified in Section 651i (2) BGB, insofar as it is significant, in accordance with Section 651l BGB, the customer must first set the tour operator a reasonable deadline for remedial action. This only applies if the tour operator refuses to remedy the defect or if immediate remedy is necessary.

11. baggage damage and baggage delay when travelling by air; special rules and deadlines for requesting redress
(a) The client’s attention is drawn to the fact that loss of, damage to and delay of baggage in connection with air travel must be reported by the client to the responsible airline immediately on site by means of a damage report ("P.I.R.") in accordance with the provisions of air traffic law. Airlines and tour operators may refuse reimbursement on the basis of international agreements if the damage report has not been completed. The damage report must be submitted within 7 days of delivery in the case of damaged baggage and within 21 days in the case of delayed baggage.
(b) In addition, the loss, damage or misdirection of luggage must be reported immediately to the tour operator, its representative or contact point or the travel agent. This does not release the client from the obligation to report the damage to the airline in accordance with letter a) within the above deadlines.

12. Claims Exclusion, Limitation and Assignment
12.1 Claims under sec. 651i BGB must be asserted against Tour Operator or the travel agency which made the booking, whereby assertion on a permanent data storage device is recommended. Client’s claims due to travel defects shall become time-barred after two years and the limitation period shall commence on the day following the end of the travel.
12.2 Should any negotiations be pending between Client and Tour Operator concerning claims or circumstances as the basis of a claim, limitation shall be suspended until Client or Tour Operator refuse to continue negotiations; limitation shall occur not earlier than three months from the end of suspension. Client shall have no right to totally or partially assign to third parties claims against Tour Operator without Tour Operator’s approval; this shall not apply to co-travelling family members. The tour operator refers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr/ for all travel contracts concluded in electronic legal transactions.

13. Passport, Visa and Health Provisions
13.1 Client must comply with all laws, regulations, instructions and provisions from countries and ports to which they travel as well as any rules and instructions from Tour Operator and/or their authorized staff.
13.2 Prior to contract conclusion, Tour Operator shall inform EU citizens to whom no special regulations apply (such as dual citizenship, statelessness, passport entries, refugee identification cards) about general passport and health provisions and about possible changes prior to departure. Other citizens and those having dual citizenship must refer to the consulate in charge.
13.3) Client shall be responsible for obtaining and carrying travel documents requested by authorities, any required vaccinations and compliance with customs and foreign currency provisions. Any disadvantages due to of non-compliance shall be at the expense of Client, unless Tour Operator causes them in a culpable manner due to providing wrong or insufficient information.

14. German Law
The contractual relationship between the client and the tour operator shall be governed exclusively by German law. This also applies to the entire legal relationship.
Insofar as German law is not applied to the liability of the tour operator on the merits in the case of actions brought by the client against the tour operator abroad, German law shall apply exclusively with regard to the legal consequences, in particular with regard to the type, scope and amount of claims of the client.

15. Legal domicile / applicable law
15.1. The Conditions of Travel are subject to German law.
15.2. The customer can sue RÜCKENWIND REISEN GMBH only at its headquarters.
15.3. The customer ‘s place of residence is decisive for the tour operator ‘s suits against the customer, unless the suit is directed against entrepreneurs or persons that do not have a general legal domicile in Germany. In this case the tour operator ‘s place of headquarters is decisive.

16. Daily description
The itinerary of the tours may change if local circumstances required (eg weather, changed opening hours, changed timetables). Decisive is then the program announced on the lecture.

17. Travel Restrictions Applicable to Persons with Reduced Mobility
a) Bike and ship journeys are not suitable for persons with reduced mobility.
b) Bike tours and tour with boat and bike are not suitable for persons with reduced mobility.

18. Insurance
We recommend purchasing overseas health insurance including return transport, accident, luggage and cancellation insurance.

19. Insolvency protection
We have ensured that in the event of insolvency or bankruptcy you will be reimbursed for the price paid for the trip if travel services are cancelled as a result. In addition, you will be reimbursed for necessary expenses for the return journey, insofar as these are incurred as a result. Upon presentation of the chattel paper, you will then have a direct claim against Touristik-Versicherungs-Service GmbH, Borsteler Chaussee 51, 22453 Hamburg.

20. Data protection declaration
20. 1 Data protection by Rückenwind Reisen: The processing of personal data of the client or its affected employees by Rückenwind Reisen GmbH for the purpose of fulfilling the contract is based on the customer’s voluntary consent (e. g. in the case of special categories of personal data, the existing contractual relationship and legal provisions. There is no obligation to grant consent (e. g. in the case of special categories of personal data) and at the conclusion of the contract. The refusal to grant the consent or the failure to conclude the contract would, however, mean that the contract could not be taken over.
20. 2. Further processing: The further processing of the data by Rückenwind Reisen GmbH for the purpose of direct marketing takes place in forms that do not require consent, such as the addressed postal dispatch of advertising, which must be compatible with the purpose of fulfilling the contract. Further processing for the purpose of direct marketing in forms subject to consent, such as the electronic sending of advertisements or the posting of personal advertisements, takes place only on the basis of additional voluntary consent from the client. There is no obligation to grant consent. Failure to grant consent would only result in the contracting entity not receiving advertising in forms subject to consent.
20.3. Disclosure: All data are subject to the agreed or agreed terms. legal obligation to secrecy and the protection of personal data. The data of the client shall be passed on, except for the transmission to typical recipients such as banks, tax consultants, lawyers, shipping service providers, etc. only on the basis of a legal basis or in consultation with the client.
20.4. Worldwide processing: The client agrees to the worldwide processing of his data, in particular for the purpose of remote access by Rückenwind Reisen GmbH for the purpose of order-related processing operations, e. g. e. g. in emergencies during business trips of Rückenwind Reisen GmbH, one.
20. 5. Storage period: The data of the client are stored for the purpose of documentation and the fulfilment of legal obligations up to a maximum of thirty years after the conclusion of the contracts.
20. 6. Right of withdrawal: The customer has the right to revoke his consent at any time. In the case of the written grant of consent, the withdrawal can only take place in writing, in the case of consent to the receipt of electronic advertising, this may also be done by clicking on the unsubscribe link. In this case, the processing is discontinued unless there is another legal basis. The lawfulness of the data processed until the revocation is not affected by the revocation.
20.7. Right to object: The client has the right to object to the processing of his personal data for the purpose of direct marketing. In the event of an objection, your personal data will no longer be processed for the purpose of direct marketing.
20. 8. Rights concerned: The contracting authority or whose employees concerned have the right of access, correction and deletion of their personal data, the right to limit data processing, the right of data transferability and the right to complain to the data protection authority (Datenschutzbehörde, Husarenstraße 30, D-53117 Bonn, Tel: +49 (0)228 997799 - 0)
21. Final provisions
The invalidity of individual provisions of the general travel conditions does not result in the invalidity of the complete travel conditions or the entire travel contract. Rückenwind Reisen GmbH does not participate in dispute resolution proceedings before a consumer arbitration board. Our travellers can obtain information at Online Schlichter, Zentrum für Europäischer Verbraucherschutz e. V., Bahnhofsplatz 3 with headquarters in 77694 Kehl, www.online-schlichter.de

Operator
Rückenwind Reisen GmbH
Am Patentbusch 14
26125 OLDENBURG
GERMANY
Tel.: +49 (0)441 485 97 -0
info@rueckenwind.de

Managing director: Andreas Bunge
District Court of Oldenburg
HRB 2720
VAT-ID-no. DE 117484681

Traveller Information Form Concerning Package Travel
in Terms of Sec. 651a of the German Civil Code
The combination of travel services offered to you represents a “package” in terms of Directive (EU) no. 2015/2302 which is why you may exercise any EU rights applicable to packages.
Rückenwind Reisen GmbH is fully responsible for proper performance of the entire package travel. In addition, Rückenwind Reisen GmbH purchased legally required insurance guaranteeing both the refund of your payments and, if the package includes transport services, the return transport in the event of insolvency.
Important Rights under Directive (EU) 2015/2302

Prior to package travel contract conclusion, clients are provided with important information on the package;
At least one entrepreneur is liable for properly performing the contractual travel services;
Clients are provided with an emergency telephone number or contact centre information via which they can contact the tour operator or the travel agency;
Within a reasonable period and, maybe subject to additional charges, clients may transfer packages to other persons;
Package prices may be increased only if certain costs (such as fuel costs) rise and if the con-tract expressly provides for this, but not later than 20 days prior to departure. Should pack-age prices increase by more than 8%, clients may withdraw from the contract. Should tour operators reserve the right to price increases, clients have a right to price reductions if the relevant costs decrease;
Clients may withdraw from the contract without paying additional charges and receive a full refund of their payments if any essential package components, exclusive of the price, are subject to significant changes;
If the tour operator in charge of the package cancels the travel prior to departure, clients have a claim for cost refunds and, depending on the case, for compensation;
Should special circumstances occur prior to departure, such as significant security issues at the destination interfering with the tour, clients may withdraw from the contract without paying withdrawal charges;
Clients may withdraw from the contract at any time prior to departure against the payment of a reasonable withdrawal fee;
If the tour operator is unable to perform significant package components in compliance with the contract after the departure, clients must be offered other reasonable measures without them incurring additional costs. Clients may withdraw from the contract without paying withdrawal charges (this right is called “cancellation” in Germany) if services were not rendered in compliance with the contract, if this has significant effects on the provision of contractual package travel services and if the tour operator fails to rectify this defect;
Clients have a claim for price reduction/compensation if the tour operator renders travel services not at all or not in a compliant manner;
The tour operator shall assist clients who face difficulties;
If the tour operator or – in certain EU Member States – the travel agency becomes insolevent, payments will be refunded. Should their insolvency occur after the departure and should transport services be included in the package, clients return transport is guaranteed;

Rückenwind Reisen GmbH purchased insolvency insurance with Touristik-Versicherungs-Service GmbH, Borsteler Chaussee 51, 22453 HAMBURG, Germany, phone.: +49 0()40 244288-0 , e-mail: info@tourvers.de if they are refused services due to Rückenwind Reisen GmbH being insolvent.