General terms and conditions for package deals offered by "better by MOSEL GmbH"
these booking terms and conditions apply exclusively to the package deals offered by bbM. They do not apply to the provision of third-party services (e.g. guided tours, hired bicycles and admission fees) or for agreements concerning accommodation services or the arrangement thereof respectively. You should make your booking in good time at the travel agency from which you have received your travel catalogue. The booking can be made directly at bbM. Please use the enclosed or online booking form in any case. For short-term bookings it is advisable to make a telephone enquiry about availability prior to submitting your written booking request. Approximately 14 days prior to departure we will despatch all travel documents including extensive information about your itinerary. In the case of short-term bookings your travel documents will be deposited at your first hotel for safety reasons.
We are so pleased that you have booked a holiday with "better by MOSEL GmbH", as follows to be named "bbM", and kindly ask you to read the following carefully as it sets out your agreement with us and contains important terms and conditions.
1 Your Contract
1.1 A binding agreement between you and bbM comes into existence when we have received your booking registration (travel reservation) either verbally, by telephone, or written, by fax or email or online via internet. The legal basis of this agreement is the tour description, these terms and conditions and all supplementary information contained in the booking basis (catalogue, internet), insofar as these are available to the guest.
1.2 In the case of electronic transmission of the booking request bbM shall give confirmation of receipt to the guest immediately by electronic means. This confirmation of receipt shall not represent any booking confirmation and shall not be the foundation of any claim to fulfilment of contract relevant to the booking request of the guest.
1.3 The travel agreement shall come into existence when bbM despatches your booking confirmation. This requires no particular form. On conclusion or immediately after conclusion of contract the guest shall receive the written version of the booking confirmation. A written version of the booking confirmation may be omitted when the booking made by the guest takes place less than 7 working days prior to departure.
1.4 Should the bbM booking confirmation be different to the booking made by the customer, this shall constitute a new offer made by bbM by which they shall be bound for a period of up to 10 days as of date of booking confirmation. The agreement shall come into existence on the basis of this amended offer in as far as the customer has accepted this offer through explicit declaration, deposit or payment of the balance. The same shall apply if bbM has given the guest a written offer for a package deal.
1.5 The party leader is liable for any contractual obligations of the party members for whom he/she is making the booking as well as his own in as far as he has assumed responsibility through explicit and separate declaration.
2 Provision of Service
2.1 The services to be provided by bbM shall be defined exclusively by the content of the booking confirmation in connection with the description of the respective package deal and according to all information and explanations as given in the booking basis.
2.2 Travel agents and service providers especially hotels are not authorized by bbM to make representations or undertakings which may surpass the itinerary or booking confirmation, or which may conflict with or may change the content of the travel agreement.
3 Payment of Deposit/Balance
3.1 On conclusion of contract (receipt of booking confirmation) and following the submission of the secured payment certificate (Sicherungsschein - a legal document, which secures your payment to us by strict German law according to §651k BGB - German Civil Code) the payment of a deposit is due within 7 days which will be deducted from the full balance in the travel invoice. The deposit shall amount to 30 % of the full price if not otherwise agreed. The charges for travel insurance must be paid in full with the deposit.
3.2 The balance of the payment is due in as far as the secured payment certificate has been handed over, 4 weeks before the start of the holiday, when no other due date has been agreed in any individual case. For bookings which have been made later than 4 weeks before the start of the tour the balance shall be due immediately.
3.3 The obligation to submit a secured payment certificate may be omitted when:
a) The tour lasts no longer than 24 hours and does not include any overnight accommodation and the travel price does not exceed 75.00 € per person.
b) In derogation of sections 3.1 and 3.2, when the agreed travel services do not include any transportation from or to the destination and it has been previously agreed that the entire tour and travel costs are only to be paid to bbM or to the accommodation provider at the end of the tour/stay.
3.4 If bbM is fully able to perform and fulfil the contractual obligations and the tour guest does not pay the deposit or balance either in part or in full by the given due date without there being any legal or contractual right of retention, bbM reserves the right to withdraw from the contract and to apply cancellation charges according to paragraph 4 of these terms and conditions. A fee of 20.00 € will be charged for any second written reminder.
3.5 For the use of any hired bicycles the service provider has the right to charge a deposit of 50.00 € for one bicycle or 100.00 € for any E-bike.
3.6 Payment by credit card is not possible.
4 Cancellation through Tour Guest, Changes
4.1 The tour guest may withdraw from the tour at any time prior to the start of the tour. It is recommended to give your notice of cancellation in writing in order to avoid any misunderstandings. Your notice of cancellation becomes effective as of the date when received by bbM.
4.2 In any case of cancellation through the tour guest bbM is entitled to charge cancellation fees as compensation for any travel arrangements or expenses, whereby the standard cancellation fees are calculated in consideration of generally saved expenditures and any possible other use of the travel services will be taken into account:
Up to 30 days before departure 75.00 € per travel participant
29 – 19 days before departure 30 % of total tour price
18 – 13 days before departure 50 % of total tour price
12 – 8 days before departure 75 % of total tour price
7 – 4 days before departure 80 % of total tour price
3 – 1 days before departure 90 % of total tour price
No-Show (day of departure) 95 % of total tour price
In any case there will be a minimum charge of 75.00 € per travel participant.
We strongly recommend taking out travel cancellation insurance coverage (see section 5).
4.3 The tour guest is entitled to prove to bbM that either no or substantially lower costs have been incurred other than the above-mentioned fixed amounts. In this case the tour guest is only obliged to pay the lesser fees.
4.4 bbM reserves the right to demand higher, definite compensation instead of the above-mentioned fixed amounts in as far as bbM provides evidence that higher expenses than the respective fixed amounts have been incurred. Should bbM make such a claim, it is obliged to prove or name the possible savings of services or any other use of the tour services which may be brought into consideration.
4.5 The aforementioned provisions shall not affect the tour guest's legal right according to § 651b BGB to provide a substitute person. The charge for a change in name will be an additional processing fee of 50.00 € per person.
4.6 Should the tour guest wish to make any changes to the tour dates, accommodation, type of board or any other service (changes to arrangements) after conclusion of contract, bbM reserves the right to apply an amendment fee of 30.00 € per person, without any legal claim on the part of the tour guest to implementation of the changes, and only if changes are possible up to 31 days before start of the tour. Any changes made later than this time limit are only possible through withdrawal from the existing agreement and on conclusion of a new agreement as stated in the above-mentioned cancellation conditions. This does not apply to any changes which may only incur marginal expenses.
5 Travel Insurance
The tour operator recommends the conclusion of a comprehensive travel insurance package, especially (to be booked separately) travel cancellation insurance and insurance coverage for repatriation following accidents or illness. Please read the appropriate information and offers provided in the catalogue and on the website. We will gladly give you more information to personal insurance coverage.
6 Responsibilities of the Participant/Tour Guest
(Notification of defaults, Termination, Preclusive period)
6.1 The tour guest is obliged to report any possible complaint or default immediately to bbM or to the responsible party as given in the travel information and may demand redress. Claims of the tour guest only remain valid, if the failure to notify a default does not result from any responsibility of the tour guest.
6.2 If the tour is considerably affected by a defective performance or if the tour is unacceptable to the tour guest for reasons recognizable to bbM the tour guest may terminate the travel agreement according to the legal stipulations (§651e BGB). The termination shall only become valid if an adequate period of time to be determined by the customer/tour guest has elapsed without bbM or its representative redressing the defect. Determination of a time limit is not necessary if redress is impossible or if bbM or its representatives refuse to redress the defect or if the immediate termination of the travel agreement is justified by a particular interest of the tour guest. The termination of the agreement by the tour operator is only possible in cases of force majeure, flooding, strike, closure of a hotel or lasting disruption to the participant etc.
6.3 The tour guest has to assert claims against bbM at the address given below for the non-performance of contractual obligations exclusively after termination of the tour and within one month of the contractually stipulated date of the end of the tour. Claims cannot be submitted to the service providers, and, in particular, cannot be made against the accommodation provider. We strongly recommend making a written claim. After the expiration of this time limit the customer may only assert claims if he or she was prevented without fault from the observance of the time limit.
7.1 bbM has the legal liability for damages that do not result from personal injury which is limited to the amount of three times the travel price in as far as any damages to the tour guest are not caused intentionally or wilfully, or if bbM becomes liable owing to a negligent breach of duty of a service provider.
7.2 The bicycle tour operator is not liable for any accidents which may occur during the bike tour in as far as they are not legally responsible. The cyclist is responsible for the observance of the German road traffic regulations and for all damages which he may incur on others or himself. We strongly recommend accident insurance coverage.
7.3 bbM is not liable for any failure to provide contractual services in connection with performances:
a) which are not agreed contractual services and which do not represent a component of the bbM package deal, and which are third-party services and which are clearly recognizable to the tour guest and in the travel catalogue or in the booking confirmation as such, or
b) which have been arranged as third-party services (e.g. spa and wellness performance, sports events, theatre performances, exhibitions, excursions and bicycles).
7.4 Before using any hired items from the service provider the tour guest should check and ensure that the bicycle is in a good state of repair prior to use e.g. bicycle, pannier bags, tools etc.
8 Unused Services
If the tour guest does not make use any individual travel service for reasons of premature return, illness or any other reasons for which bbM is not responsible the tour guest has no claim to refund or part thereof. bbM shall seek, should it not be a marginal amount, to achieve a refund from the relevant service provider and shall reimburse the customer as soon as it has received any such reimbursement from the individual service providers.
9 Limitation Period
9.1 Claims of the customer according to §§ 651c to 651f BGB to damages arising out of loss of life, injury to body or health become time-barred after two years if the damages rely on an intentional or negligent breach of duty of bbM or a legal representative or assistant of bbM. The same statute of limitation also applies to remuneration of other damages relying on a grossly negligent breach of duty of bbM r on an intentional or grossly negligent breach of duty of a legal representative or assistant of bbM.
9.2 All other claims according to §§ 651c to 651f BGB have a limitation period of one year.
9.3 The statute of limitations pursuant to Sections 8.1 and 8.2 commences on the day following the day of the contractual end of the tour.
9.4 Should negotiations on claims or their factual basis be pending between the customer and bbM the statutes of limitation are suspended until the customer or bbM refuse to continue the negotiations. The period of limitation shall then commence at the earliest three months after the said suspension.
10 Jurisdiction Agreement
For proceedings brought by bbM against customers or parties to the travel contract, who are merchants, legal entities under public or private law or persons who have their domicile or habitual place of residence abroad, or whose domicile or habitual place of residence at the time of proceedings is unknown, the place of jurisdiction agreed is the domicile of bbM.
STANDARD RENTAL TERMS AND CONDITIONS FOR BICYCLES
I The Use of the Bicycle
I.I The hirer acknowledges the receipt of the bicycle and accessories in a roadworthy, fault-free and clean and good condition which is ready for use on collection.
I.II The hirer may only use the bicycle in a reasonable and customary manner in compliance with statutory regulations especially in consideration of the German road traffic laws. He may not ride the bicycle off the beaten trail and may not use it for any other purpose.
I.III The bicycle may only be used by the hirer.
I.IV The bicycle may not be used for test purposes in commercial traffic, for any journeys to and in foreign countries or for any illegal purposes without prior approval of the rental company.
II.I The hirer is liable for cases of intent or gross negligence.
II.II The hirer must return the bicycle in the same condition in which he received it.
II.III The hirer is liable for culpable damage to the bicycle and for the breach of his contractual obligations. He is liable for any additional incidental damages.
II.IV Should a third party compensate the rental company for damages the hirer is released from his obligation to pay compensation for damages.
III Your Responsibilities
III.I The hirer is obliged to handle the bicycle with due care and to observe all technical rules and should place the bicycle in a safe place and duly locked for safety.
III.II The hirer agrees to inform the rental company of any faults or defects occurring during the rental period on return of the bicycle.
If repairs become necessary the rental company shall bear the costs if the cause is not due to improper handling or fault on the part of the hirer. The hirer is responsible for the latter.
The hirer agrees to inform the rental company immediately if the bicycle has been involved in an accident or if the bicycle has been stolen. In the case of an accident the hirer must submit a written comprehensive report including a sketch of the accident to the rental company. The accident report shall include the name and address of the involved parties and any possible witnesses and the registration number of any other vehicles involved.
VI. Bicycle Return
VI.I The hirer shall return the bicycle to the rental company at the agreed place and at the latest at the end of the agreed rental period, this being during business hours of the rental company. Any bicycle returned out of business hours is done so at the hirer’s own risk.
VI.II The extension of the rental period requires prior approval by the rental company.
VI.III If the bicycle is not returned in due time the hirer shall pay the rental company the daily rental rate for every additional day and, if necessary, any additional charges.
VI.IV The rental company is entitled to lodge a complaint to the hirer about any damages caused by the hirer within three weeks after return of the bicycle.
VII.I No subsidiary agreements have been made. Amendments and supplements to the agreement must be made in writing. This also applies to this written form clause.
VII.II If individual provisions of the agreement should be or become invalid, the validity of the remaining provisions shall not be affected thereby.
Tour Operator is:
better by MOSEL GmbH
Klausener Weg 29
Phone +49 (0) 65 71 - 9 56 10 88
Fax +49 (0) 65 71 - 9 56 10 88
Dairubys Sachsenröder-Gonzalez &