Here we would like to inform you about our general travel conditions, which govern the contract between you (hereinafter “traveller”) and us as tour operator. Please take your time and leave the conditions alone. If you have any questions, please do not hesitate to contact us.
1. Conclusion of the travel contract
1.1 With the registration the traveller offers the tour operator Acoav UG (haftungsbeschränkt), hereinafter “Acoav”, the conclusion of a binding travel contract on the basis of the travel description on the relevant website and these General Terms and Conditions of Travel. The registration can be made in writing, orally or electronically (e-mail). The registration by the applicant applies also for all participants listed in the registration, for whose contractual obligations the applicant is liable as for his own obligations, provided that he has accepted this obligation by express, separate declaration.
1.2 The travel contract comes about with the acceptance of the registration by Acoav. Acoav confirms the conclusion of the contract with the travel confirmation on a permanent data carrier (only in the case of Art. 250 § 6 Par. 1 S. 2 EGBGB in paper form). If the contents of the travel confirmation deviate from the contents of the registration, then a new offer is available under preservation of the pre-contractual information obligations of Acoav, to which Acoav is bound for 10 days. Within this period the traveller can accept the new offer by express or conclusive declaration (e.g. payment of the deposit) and the travel contract is concluded on the basis and with the content of the new offer.
2.1 After receipt of the travel confirmation and the security certificate a deposit of 20 % of the travel price is to be paid within 10 days after invoice date to the account of Acoav mentioned in the travel confirmation. The deposit will be deducted from the total travel price. The balance of the tour price is due and payable 30 days prior to departure (for bookings made within this period: the total price) if it is clear that the tour can no longer be cancelled, in particular according to section 6.1, and must be received by Acoav without request. The timeliness of the payment shall be determined by its credit to Acoav.
2.2 Cancellation fees, processing and rebooking fees are due for payment immediately after invoicing.
2.3 If the travel price due is not paid by the traveller despite a reminder and an appropriate deadline for payment by Acoav, Acoav is entitled to withdraw from the contract (§ 323 BGB) and to charge the traveller withdrawal costs, which are based on the following section 5.2, unless the traveller had a right to refuse payment.
The contractually owed services result from the service description of Acoav in the specific travel description for the relevant trip on the Acoav website in connection with the individual travel confirmation confirming the conclusion of the contract. If, at the request of the traveller, an individual travel or stay itinerary is compiled, Acoav’s obligation to provide services results exclusively from the corresponding concrete offer to the traveller in connection with the respective booking confirmation.
4. Price and contract changes after conclusion of the contract, considerable contract changes
4.1 Acoav reserves the right to unilaterally increase the travel price after conclusion of the contract if the increase in the travel price results directly from an upon conclusion of the contract unforeseeable increase a) in the price for the transport of persons due to higher costs for fuel or other energy sources, b) an increase in taxes and other levies for agreed travel services, such as tourist taxes, port or airport charges, or c) a change in the exchange rates applicable to the relevant package tour, which only became evident after conclusion of the contract. In the aforementioned cases, the travel price will be changed to the extent that the increase in the factors mentioned in a) to c) per person affects the travel price. If this is the case, Acoav will immediately inform the traveller on a permanent data medium (e.g. by e-mail) clearly and comprehensibly about the price increase and its reasons and inform him of the calculation of the price increase. A price increase is only effective if it meets the requirements stated here and the passenger is informed no later than 20 days before departure. Any price increase required after the 20th day before the agreed departure date is invalid. Acoav’s obligation to reduce prices in accordance with 4.2 is expressly stated.
4.2 Since 4.1 provides for the possibility of an increase in the tour price, the traveller may request a reduction in the tour price if and to the extent that the prices, charges or exchange rates mentioned in 4.1 under a) to c) have changed after conclusion of the contract and before commencement of the tour and this leads to lower costs for Acoav. If the traveller has paid more than the amount due, the additional amount shall be reimbursed by Acoav. Acoav may deduct the administrative expenses actually incurred from the additional amount to be reimbursed and must provide the traveller, at his request, with proof of the amount of administrative expenses incurred.
4.3 After conclusion of the contract, Acoav reserves the right to unilaterally change other contractual conditions than the travel price if the changes are insignificant, do not affect the overall design of the booked trip and are not brought about against good faith (e.g. changes in flight times of up to 4 hours, changes in route). Acoav shall inform the traveller of the change in a clear, understandable and highlighted manner on a permanent data carrier (e.g. by e-mail, SMS). The change is only effective if it meets these requirements and is explained before the start of the trip.
4.4 Significant contract changes: If the price increase reserved in 4.1 exceeds 8% of the tour price, Acoav cannot make it unilaterally. Acoav may, however, offer the traveller a corresponding price increase and demand that he (1) accepts the offer to increase the price within a period specified by Acoav, which must be reasonable, or (2) declares his withdrawal from the contract. The offer for a price increase cannot be made later than 20 days before the start of the trip. If Acoav can organize the trip due to a circumstance that occurred after conclusion of the contract only under significant changes of essential characteristics of the travel services (Art. 250 § 3 No. 1 EGBGB) or only under changes significantly different from the traveller’s special requirements, that have become the content of the contract, sentence 2 of this clause 4.4 shall apply accordingly, i.e. Acoav can offer the traveller the corresponding other contract amendment and demand that the traveller (1) accepts the offer to amend the contract within a period specified by Acoav, which must be reasonable, or (2) declares his withdrawal from the contract. The offer for such other changes to the contract cannot be made after the start of the trip.
4.5 In its offer for a price increase or other change in contract according to 4.4, Acoav may optionally offer the traveller participation in another package tour (substitute tour), about which Acoav must inform the traveller in accordance with Art. 250 § 10 EGBGB.
4.6 After expiry of a period determined by Acoav according to 4.4, the offer for a price increase or other contractual amendment shall be deemed accepted.
4.7 If the traveller withdraws from the contract according to 4.4, § 651h para. 1 sentence 2 and para. 5 BGB shall apply accordingly. If Acoav is obliged to reimburse the travel price as a result of the traveller’s withdrawal, Acoav must make payment immediately, in any case within 14 days after the withdrawal. The traveller’s claims according to § 651i Abs. 3 Nr. 7 BGB remain unaffected.
5. Cancellation by the traveller, substitute persons, rebooking
5.1 The traveller can withdraw from the trip at any time before the start of the journey. The receipt of the declaration of withdrawal by Acoav is decisive. It is recommended that travellers declare their cancellation in writing (e.g. by e-mail).
5.2 If the traveller withdraws from the travel contract, Acoav loses the right to the agreed travel price, but can demand appropriate compensation from the traveller. To this end, Acoav has set the following flat rates for compensation, which are determined according to the period between the cancellation notice and the start of the trip, the expected savings of expenses of Acoav and the expected purchase through other use of the travel services as a percentage of the travel price, depending on the time of cancellation of the traveller, as follows:
- up to 31st day before departure 20 %
- from 30th day to 14th day before departure 50 %
- from 13th day to 3rd day before departure 70 %
- from 2nd day before departure or non-appearance 100 %.
The traveller is always free to prove that Acoav has not incurred any damage at all or only to a significantly lower amount than the lump sum. If Acoav is obliged to reimburse the travel price after a withdrawal of the traveller, it must reimburse the traveller immediately, at the latest within 14 days after the withdrawal of the traveller. Acoav may not claim compensation if unavoidable, extraordinary circumstances occur at or in the immediate vicinity of the destination which significantly impair the performance of the journey or the transport of persons to the destination.
5.3 The traveller can declare on a permanent data carrier (e.g. by e-mail) within a reasonable period prior to the start of the journey that a third party enters into the rights and obligations arising from the travel contract instead. The declaration is in any case timely if it is received by Acoav no later than seven days before the start of the trip. Acoav can object to the occurrence of the third party if this third party does not fulfil the contractual travel requirements. If a third party enters into the contract, he and the traveller are jointly and severally liable to Acoav for the travel price and the additional costs incurred by the third party. Acoav may only demand reimbursement of additional costs if and to the extent that they are reasonable and actually incurred by Acoav. She must provide the traveller with proof of the additional costs incurred by the third party.
5.4 Acoav recommends and can arrange travel cancellation insurance or insurance to cover the cost of assistance including repatriation in the event of accident, illness or death.
5.5 There is no legal claim to rebooking. If, at the request of the traveller, changes are made to the travel date of the booked trip (rebooking) if possible after conclusion of the contract, the traveller must bear the resulting additional costs, which will be communicated to him beforehand. This provision does not apply if the rebooking is necessary, for example, because Acoav has not provided the traveller with sufficient or incorrect pre-contractual information in accordance with Art. 250 § 3 EGBGB. In such a case the rebooking is free of charge.
6. Withdrawal and termination by Acoav
6.1 Acoav can withdraw from the contract up to 30 days before the start of the trip due to failure to reach the minimum number of participants (MNP) and cancel the trip if it has specified the MNP in the respective pre-contractual information (e.g. travel description) as well as the time by which the cancellation must have been received by the traveller before the contractually agreed start of the trip at the latest, and indicates the MNP and latest cancellation period in the travel confirmation.
6.2 Acoav may withdraw from the contract before the start of the trip if Acoav is prevented from fulfilling the contract due to unavoidable, extraordinary circumstances. Acoav must then declare its rescission immediately after becoming aware of the reason for the rescission.
6.3 If Acoav withdraws from the travel contract after 6.1 or 6.2, it loses the right to the agreed travel price. Payments made on the tour price will be refunded to the traveller immediately, at the latest within 14 days after Acoav’s withdrawal.
6.4 If the traveller, despite a corresponding warning by Acoav, sustainably disrupts the travel or behaves in such a way that a continuation of the contractual relationship until the agreed termination or the expiry of a period of notice with him is unreasonable, or otherwise strongly contrary to the contract, Acoav can terminate the travel contract without observing a period of notice. Acoav retains the right to the travel price less the value of saved expenses and any reimbursements made by service providers or similar advantages which she obtains from the other use of the unused service. Any additional costs for the return transport shall be borne by the disrupter himself.
7. Obligations of the traveller, remedy, deadline before contract termination, unused travel services
7.1 The traveller must immediately report any defects to Acoav’s local tour guide or at the address/telephone number listed below and request remedy within a reasonable period of time. The contact number is always in the booking confirmation. If Acoav could not remedy the situation due to a culpable omission of the notification, the traveller is not entitled to assert the rights specified in § 651m BGB or to claim damages according to § 651n BGB. If the traveller requests remedy, Acoav must remedy the lack of travel. She may refuse remedy if it is impossible or involves disproportionate costs, taking into account the extent of the defect and the value of the travel service concerned. Acoav can provide a remedy in such a way that it provides a replacement service of equal or higher value. If Acoav can refuse to remedy the defect and if the defect concerns a substantial part of the travel services, Acoav has to offer remedy by appropriate compensation services.
7.2 If a trip is significantly impaired due to a defect and Acoav does not remedy the situation within a reasonable period of time, the traveller may cancel the travel contract within the framework of the statutory provisions, whereby a written declaration is recommended for reasons of proof. The determination of a time limit by the traveller is only not necessary if the remedy is refused by Acoav or if immediate remedy is necessary. If the contract is terminated by the traveller, Acoav retains the right to the agreed travel price with regard to the travel services rendered and those still to be rendered for the end of the package tour; claims of the traveller according to § 651i para. 3 numbers 6 and 7 BGB remain unaffected. With regard to the travel services no longer to be rendered, Acoav is no longer entitled to the agreed travel price; payments already made in this respect are to be reimbursed to the traveller by Acoav. Acoav is obliged to take the necessary measures as a result of the cancellation of the contract, in particular, if the contract includes the carriage of the passenger, to ensure his or her return immediately; the means of transport used for this purpose must be equivalent to that agreed in the contract. The additional costs for the return transport will be borne by Acoav.
7.3 If the guest does not make use of individual travel services offered to him by Acoav in accordance with the contract as a result of premature return travel, illness or other reasons for which he is exclusively responsible, there is no claim to a pro-rata refund of the travel price.
8. Duties of the traveller to cooperate, physical constitution
8.1 The traveller is obliged to cooperate within the framework of the statutory provisions on the duty to mitigate damages, to avoid or minimise possible damages in the event of service disruptions that have occurred. With regard to the travel documents, the traveller must inform Acoav if he does not receive the necessary travel documents (e.g. train ticket, hotel voucher) within the period notified by Acoav.
8.2 It is the traveller’s responsibility to have his family doctor check before the trip whether his physical condition allows him to participate in a hike in the mountains with the typical demands. Acoav may require a medical certificate from the traveller as a condition of participation in the trip (special travel requirement).
9. Limitation of liability of the tour operator
The contractual liability of Acoav for damages that are not personal injury and are not culpably caused is limited to three times the price of the trip. This limitation of liability does not apply to claims arising from the loss of baggage under the Montreal Convention.
10. Duties to inform about the identity of the operating air carrier
In accordance with EU Regulation No. 2111/05, Acoav is obliged to inform the passenger of the identity of the respective air carrier of all air transport services to be provided during the booked trip at the time of booking. If the operating airline(s) has/have not yet been/have not been determined at this time, Acoav must name the airline(s) which is/are likely to carry out the air transport and immediately ensure that the traveller immediately becomes aware of the identity as soon as this is/are established. The same applies if the operating airline changes. The EU black list is available on the website https://ec.europa.eu/transport/modes/air/safety/air-ban/search_en and on the website of Acoav.
11. Passport and visa requirements, sanitary regulations
11.1 Acoav shall inform the Passenger of the passport and visa requirements of the country of destination, including the approximate deadlines for obtaining visas and sanitary formalities (e.g. police required vaccinations and certificates) required for travel and stay. The traveller should inform himself in good time about infection and vaccination protection and other prophylactic measures beyond the health regulations mentioned here; if necessary, medical advice should be obtained. Reference is made to general information, in particular from the health authorities, travel medicine information services or the Federal Centre for Health Education.
11.2 The traveller is responsible for obtaining and carrying the necessary travel documents and must ensure himself that his passport or identity card is sufficiently valid for the trip. Acoav is not liable for the timely issue and access of necessary visas by the respective diplomatic representation, if the traveller has instructed the tour operator with the procurement, unless Acoav has violated its own obligations and is itself responsible for the delay.
11.3 The traveller is responsible for the observance of all regulations important for the execution of the journey. All disadvantages, in particular the payment of withdrawal costs arising from non-compliance with these regulations, shall be borne by the traveller, unless Acoav has not or poorly fulfilled her notification obligations. In particular, foreign customs and foreign exchange regulations must be observed.
12 Data privacy
13. Miscellaneous, OS Notes and Arbitration
13.1 The invalidity of individual provisions does not result in the invalidity of the entire travel contract. The entire contractual and legal relationship between the traveller and Acoav shall be governed exclusively by German law. If the traveller is a merchant or legal person under private or public law or a person who is domiciled or habitually resident abroad, or whose domicile or habitually resident is not known at the time the action is filed, the place of jurisdiction is agreed to be Acoav’s registered office.
13.2 The European Commission provides an online dispute resolution (OS) platform for out-of-court settlement of consumer disputes for travel contracts concluded in electronic legal transactions, which the traveller can find at http://ec.europa.eu/consumers/odr. Dispute resolution before consumer arbitration body: Acoav does not participate in and is not legally obliged to participate in such a voluntary dispute resolution procedure. There is no internal complaints procedure.
Acoav UG (haftungsbeschränkt)
Managing Director: Ilona Katja Barth
Phone: +49 (0) 176 – 5821 7825
Tour operator liability insurance: Generalagent HanseMerkur Versicherungsgruppe
Area of application: worldwide
Essential features of the service: travel agency
The travel contract is subject to German law, see section 13.1 of the GTC.