Pedalo Radtours from Passau

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In austria

Travel agreement

The travel agreement covers §§ 651 a ff. BGB and legal matters between you and us – Pedalo Biketours.

1. Reservation and conformation

With your reservation you offer us a binding travel contract. You can give us reservation in writing or verbally. If the participating traveller notifies further participants, the represented persons will be made liable when submitting an effective power of attorney, otherwise the registered travelparticipant himself will be made liable.

The agreement is verified by our acceptance.You receive from us a written confirmation. If the content of our confirmation differs from the content of registration, you can withdraw within 10 days of notification. Otherwise the registration is then considered binding.

2. Deposit and final payment

After having obtained our travel confirmation and receipt, a deposit of 50,00 Euro per person is due 28 days before travelbegin at the latest. We send you the traveldocuments about 14 days before travelbegin.

3. Travelitinerary and service

The amount of agreed service-items is as described in the listing, the travelagreement and the confirmation.

4. Alterations of price and service

Alterations or deviations of particular travelservice-items concerning the agreed content of the travelcontract, which had been considered as necessary after conclusion of contract and which hadn`t been caused by us against good faith, are permitted as long as the alterations and deviations are not considerable and don`t injure the general outline of the booked tour.

Possible security claims remain unchanged , as long as the altered service-items are not subject to any shortcomings.

We withhold the right to change the travelcosts due to possible fluctuation of currencies and/or energy-costs even after conclusion of contract, as long as more than four months are between travelconfirmation and agreed travelbegin. We will inform you immediately of the increased price, at the latest three weeks before travelbegin. Thereafter the named price increase is not permitted. In case the price increase amounts to more than 10% you have the right to withdraw from the contract within 10 days without any further costs. Should there be any changes of transportation fees through the authorities, then an adjustment of the prices is permitted also after conclusion of contract and without any further conditions, if else the selling price is not lower than the recommended price.

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5. Cancellation, booking transfer, third party

a) Cancellation

Due to your cancellation or non-participation we can claim for compensation of the already made travel preparations and our expenses. Regardless of savings or costs our compensation-fee is based on a general rate.

Should the participant cancel up to 28 days before travelbegin, the cancellation-fee is 20% of the travel price per person. If he/she cancels between the 28th and 8st day before travelbegin, the cancellation-fee is 50% of the travel price per person. In case the cancellation is made after the 7st day before travelbegin, we then have to charge you with 80% of the travel price. If he/she cancels at arrival day, in case of non-appearance or dropout the journey, we then have to charge you with 95% of the travel price.

For your own safety we recommend to effect in time a travel-cancellation-insurance.

b) Booking transfer

Should you wish any alterations after conclusion of contract concerning date or destination of your trip, lodging or means of transportation, our expenses will be the same like those of a cancellation on your part. Therefore we have to charge you the same costs as if you cancelled within the period of booking transfer. But for non-considerable alterations we charge an operation fee of only 30,00 Euro.

c) Third party

Before travelbegin every registered travel participant can be substituted by a third party, if you give us notice in advance. However we have the right to reject the exchange of travel participants, if this third party doesn`t meet the requirements of the booked travel, or if legal regulations and/or instructions through the authorities – particularly in the destination-countries – oppose to his/her participation. If a third party replaces the registered participant, he/she is obliged to pay at least 30,00 Euro for our additional expenses.

d) Documentation

Any given notice of cancellation, booking transfer or alterations should be made in writing for your own safety and as sign of evidence.

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6. Non-claimed service-items

If you don`t claim certain service-items because of an early departure or other mandatory reasons, we will try to refund the saved expenses. This obligation is ineffective, if the service-items are considered as insignificant or if legal and/or authoritative regulations oppose to a refund.

The refund of original coupons (f. ex. rental car, ship, railway) which were only mediated by us, is taken care of in paragraph 5a) `Cancellation`.

7. Withdrawal or cancellation through the travel agent

In following cases we can withdraw from the travelcontract before travelbegin or cancel the contract after travelbegin:

1. without limitation of time, if the travel participant disturbs significantly the travel process regardless of our agreement, or if he/she behaves in a way that justifies the immediate annihilation of the contract. In case of our cancellation we withhold the right to claim the travel price; however we have to charge you the monnetairy value of those saved expenses and advantages, that we would have obtained by utilizing the non-claimed service-items elsewhere, including the credits of service providers.

up to two weeks, when the notified or officially determined minimum number of participants is not reached, if in the corresponding listing a minimum number of participants has been notified. In any case we are obliged to inform you immediately when the tour is not going to be performed and to send you the form for refund. The already paid travel price will be refunded immediately.

If it can be foreseen at an earlier point of time, that the minimum number of participants can`t be obtained, we will give you notice.

c) up to three weeks before travelbegin, if the performance of the tour can`t be expected of us because of not enough reservations for this tour – even after all possibilities have been taken into consideration – so that in this case the costs of a tour performance woud exceed our limit of economical sacrifice; this doesn`t apply, if we are responsible for the causes.

Is the tour being canceled for this reason, the already paid travel price will be refunded immediately. In addition you will be paid a general rate of 15,00 Euro for your booking expense, in case you choose not to book any other tour of our listing.

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8. Annihilation of the contract due to superior force

If the tour is significantly complicated, endangered or injured due to superior force which couldn`t be foreseen while concluding the contract, either you or we have the right to cancel the contract. Is the contract being canceled we have the right to claim an appropriate compensation for the already performed service-items and for those that still have to be performd in order to terminate the tour.

We are obliged to provide you with the necessary means for your return transportation, if this is part of the agreement. You and we have to pay each half of the additional costs for your return transportation. Moreover you will be charged for all extra expenses.

9. Liability of the travel agent

1. own service

Being obliged to act accurately within our range of business, we are responsible for:

* accurate travel preparation

* careful coice and control of service providers

* exactness of service listing, but not for the content of other brochures which hadn`t

been edited by us, but which had been added to your travel documents through our office;

* correct submission of agreed travel documents

1. assistants

We are liable for the faults of persons who are entrusted with the provision of service.

2. Exclusion of liability

You participate on the tour at your own risk. Each participant is responsible for himself, insofar that he/she is in a good enough health as to undertake the booked tour. Also is every participant held responsible for observing the traffic rules. Our liability is excluded and limited, if due to legal regulations which apply for service-items that are going to be provided, the liability of such a service provider is also exluded or limited. Our liability is in any case limited to an amount of three times the travel price, no matter what the causes were,

1. if a damage to the traveller is induced neither on purpose nor under gross negligence by the travel agent, or

2. if we are responsible for a damage to the traveller due to the fault of a service provider.

Every participant is held responsible for the observance of passport-, visa-, customs- and currency control regulations. We are not liable for service-items that had only been mediated as extra service-items by us and had been notified as such in the listing. This applies for example to transportation by bus, railway or ship, for which the traveller will receive a separate transportation voucher. We withhold the right to reserve further rooms in additional hotels or to lodge a whole group of travellers or individual guests in a different but comparable hotel, although this will rarely be the case. We will probably be able to inform you in advance.

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10. Security

1. Redress and obligation to cooperate

Was the tour not performed according to contract, you have the right to claim redress. For that purpose your cooperation is necessary – notwithstanding our preceeding service duty . Therefore you are obliged to do everything that can be expected to repair the trouble or to keep eventual damages as low as possible or to avoid them entirely.

You are particularly obliged to notify your complaint immediately. To do so please turn to us or to the respective hotel.

2. Depreciation of the travel price

For the duration of time a tour has not been performed according to contract, you can claim a respective reduction of the travel price (depreciation). The depreciation is not effective, if you are guilty of having missed to notify the shortcoming.

3. Cancellation of the contract

Is the tour significantly injured due to a shortcoming and we don`t redress within a short period of time although you claimed that, you have the right to cancel the travel contract within the legal regulations. You then owe us the value of those service-items that were included in the travel price and you made use of, if those service-items had been of any use to you.

4. Compensation

If we must represent any condition that leads to a shortcoming of the tour, you can claim for compensation.

11. Legally limited liability

A claim for compensation against us is insofar limited or excluded as due to legal regulations, applying to service that has to be performed by a service provider, a claim for compensation against the service provider results or can be maintained only under certain conditions or limitations, or is excluded under certain conditions.

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12. Exclusion of claims and super-annuation

You can maintain a claim against us due to a not stipulated performance of the tour within a month after termination of the tour according to contract. After expiration of the term you can only maintain claims, if you were prevented from keeping the time limit without guilt. For your own safety you should put forward your claims in writing.

Your contractual claims fall under the statute of limitation after six months. The limitation starts the day the tour should be terminated according to contract. Claims for compensation because of bodily injury or killing fall under the statute of limitation after three years.

13. Jurisdiction and place of fulfillment is Passau

14. Ineffectiveness of particular regulations

The ineffectiveness of particular regulations of the travel contract doesn`t result in the ineffectiveness of the entire travel contract. The ineffective regulation will be replaced by a regulation that serves best the economical purpose of both parties.

15. Protection of data

All personal data you provide us for the arrangement of your tour will be protected against abuse according to the federal data protection law.

Please consider:

Bicycle trailing is a way of travelling that demands more engagement of you than other vacations. Every healthy person can accomplish this tour. You can only judge for yourself, or perhaps your physician, if your health is strong enough for the challenges of such a tour. You have to know how to bike and you have to be able to master your bike in traffic, on a dust road and in wet weather. You are responsible for observing the traffic rules and for all damages you inflict upon yourself and others.

Duschan Tistler e.K.
Kleine Messergasse 6
94032 Passau
Tel. +49 (0)851 - 32124
Fax. +49 (0)851 - 9346428
Handelsregister: Passau HRA 11000

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Tel: 0049-(0)851-32124
Fax: 0049-(0)851-9346428

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