Version 1/1/2019
These General Terms and Conditions are subdivided into:
I. Tripaloca Terms of Use
II. General Terms and Conditions of Tripaloca L.L.C, (intermediary)
III. General Terms and Conditions of the Supplier of tours and other tourist services (referred company)
Within the scope of an intermediary service, Tripaloca L.L.C shall provide the visitors and Suppliers of tours or tourist services with this booking Platform.
Furthermore, Tripaloca L.L.C shall also provide this booking Platform to certain cooperating partners (sub-agent/ distribution partner) for the booking of the Supplier’s tourist services. The use of this Platform by sub-agents or distribution partner requires a separate contractual agreement and is not permitted without the prior written authorization of Sinbad Voyage L.L.C.
Contracts for tourist services are to be concluded directly between the users of this booking Platform and the Suppliers of tours or other tourist services. If users book services via a linked partner Platform or if a sub-intermediary makes a booking on behalf of a user of a connected partner Platform, a corresponding contract shall be concluded directly between this user and the Supplier. Sinbad Voyage L.L.C is not a contract party with regards to the tourist services offered on this booking Platform.
I. Tripaloca Terms of Use
1. Who operates this website?
Bookings through the Platform are subject to the
General Terms and Conditions of Sinbad Voyage L.L.C as well as the General
Terms and Conditions of the Supplier of tours and other tourist.
2. Application of these Terms of Use
These terms of use (the “Terms of Use”),
together with our privacy policy (the “Privacy Policy”), apply to any
use of the Website. Visitors of the Website (“User” or “you”)
may use the Website only on condition that they accept the Terms of Use and
read and understand the Privacy Policy. Any further use of the Website or any
part of it means you have read and understood the Terms of Use and the Privacy
Policy, and agree to be bound by all parts of the Terms of Use.
3. No offer
The information on this Website is for general
informational purposes only. Information on this Website does not constitute an
offer binding to us. Binding agreements with suppliers of activities available
on the Website require a booking request through the Tripaloca Platform and the
supplier’s acceptance of the booking request according to the General Terms and
Conditions of Sinbad Voyage L.L.C.
4. No warranty
While Sinbad Voyage L.L.C tries to ensure that
the information in or through the Website is accurate, it does not provide any
warranties, express or implied, in relation to its correctness, completeness,
current, reliability, suitability for any purpose or otherwise (including for
any information provided by third parties). Sinbad Voyage L.L.C may change, add
or remove information on the Website and its structure and functions at any
time at its sole discretion, without specifically informing of any such change,
and without removing outdated information or characterizing it as such. Sinbad
Voyage L.L.C may also block Users from accessing the Website or parts of it, or
requires certain conditions to be fulfilled for such access. Sinbad Voyage
L.L.C does not provide any warranties, express or implied, in relation to the
availability of the Website or its functions, that the Website is free from
defects, or that the Website and the infrastructure on which it runs is free
from viruses and other harmful software. Moreover, Sinbad Voyage L.L.C does not
guarantee that information available on the Website has not been altered
through technical defects or by unauthorized third parties.
5. Limitation of liability
Sinbad Voyage L.L.C excludes its liability,
and that of its agents and independent contractors, and its and their employees
and officers, and its sub-agents or distribution partners for damages relating
to your access to (or inability to access) the Website, or to any errors or
omissions, or the results obtained from the use, of the Website, whatever the
legal basis of such liability would be, except liability for damages caused
willfully or through gross negligence, and only to the extent permitted by
applicable law. Restrictions of liability do not apply within the scope of
guarantees issued, in the event of an injury to life, limb or health or for
claims based on product liability regulation.
6. Third party content, links to other websites
Sinbad Voyage L.L.C does not assume any
responsibility for third party content (including any activities available for
booking requests, and information relating to such activities) that may be
available through the Website, and for content linked to the Website or which
are linked to from it or referred to. Sinbad Voyage L.L.C does not recommend or
endorse such content, and will not have any liability relating to it. Where Sinbad
Voyage L.L.C links to third party websites, you use such websites at your own
risk. We recommend reading the policies of these websites and review how these
websites may process personally identifiable data relating to you. If you think
we have illicit content on the Website, please send an email to [email protected].
7. Limited Tripaloca App license
Sinbad Voyage L.L.C hereby grants to you a
non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free,
worldwide right to use the Tripaloca App according to these Terms of Use and
provided that you are and will always be in compliance with these Terms of Use.
You may (i) only use the Tripaloca App in object code form and for your
personal purposes (if you are a consumer) or for your internal business
purposes (if you are a business); (ii) only use such number of copies of the Tripaloca
App and make such number of backup copies of the Tripaloca App as may be
necessary for its lawful use; (iii) not nor permit any third party to copy,
adapt, reverse engineer, decompile, disassemble, modify, adapt or make error
corrections to the Tripaloca App in whole or in part; (iv) not rent, lease,
sub-license, loan, translate, merge, adapt or modify the Tripaloca App or any
associated documentation; (v) not disassemble, de-compile, reverse engineer or
create derivative works based on the whole or any part of the Tripaloca App nor
attempt to do any such things.
8. Intellectual property rights
As between you and Sinbad Voyage L.L.C, the
Website is and remains protected by copyright and/or any other intellectual
property rights (including protection granted through unfair competition law).
You acquire no rights in the Website, and in any names, trade names, and
distinctive signs of any nature (including trademarks) published on the
Website. You may access and view the Website, but not incorporate it into other
websites, and not copy, present, license, publish, download, upload, send or
make it perceptible in any other way without our prior written consent.
9. Amendments to the Terms of Use
Sinbad Voyage L.L.C may amend these Terms of Use
at any time and with immediate effect. If we make amendments, they apply as of
the date of their publication on the Website. Sinbad Voyage L.L.C expects you to
regularly refer to this section to make sure you are familiar with the
applicable Terms of Use. Any further use of the Website following such
amendments means you consent to the amendment.
10. Applicable law and jurisdiction
The law of the Egypt shall apply, excluding the
UN Convention on Contracts for the International Sale of Goods. If you have
placed the order, as the consumer, and at the time of the order your normal
place of residence is in another country, the application of the mandatory
legal provisions of this country remain unaffected by the choice of law in
clause 1. The exclusive place of jurisdiction is Cairo, provided the user is a
tradesperson as per the Egyptian Commercial Code or does not have a permanent
place of residence in Egypt when the suit is filed. The legally-binding places
of jurisdiction remain unaffected by this.
II. Sinbad Voyage L.L.C – User Terms and Conditions for the online offer of Tripaloca Platform
1. Introduction
1.1 Sinbad Voyage L.L.C, 5th settlement
P085 Office #4, New Cairo, Egypt. runs an intermediary Platform for tourist
offers in the form of an online offer via the internet and apps (hereinafter
jointly referred to as the “Tripaloca Platform”). On the Tripaloca Platform
users have the chance to find and book tours, activities and experiences all
over the world. The online offer comprises guided tours, cooking courses,
sightseeing tours by bus, river barge trips, tickets for entry to sightseeing
locations and other services. The offers are placed online by a range of local
Suppliers around the world (hereinafter referred to as “Suppliers”) with whom
the respective contract for tourist services is concluded (“service
agreement”). The Suppliers’ services can be accessed via the Tripaloca Platform
and bookings can be made.
1.2 Sinbad Voyage L.L.C approaches both,
consumers and companies. For the purposes of these General Terms and
Conditions, the following applies:
a. A “consumer” is any individual person who has
concluded a contract for purposes which cannot be predominantly assigned to
commercial or independent work activities (Section 13 Egyptian Civil Code –
“BGB”).
b. A “company” is a natural person or legal
entity, or a partnership, which is performing its commercial or independent
activities by concluding this contract (Section 14, paragraph 1, BGB).
c. The “user” denotes a natural person, unless
this person has been explicitly registered with Sinbad Voyage L.L.C as a legal
entity. The actions and omissions that take place during the registration of a
legal entity are allocated to a natural individual, unless they are carried out
within the framework of their power of attorney for the legal entity. The “user”
subsequently also includes users referred by sub-agent or distribution
partners.
2. Subject matter of part II of these General Terms and Conditions
These General Terms and Conditions apply to any
use of the Tripaloca Platform, such as via the internet and apps. The
contractual relationship between the user and Sinbad Voyage L.L.C generally
only comprises the proper referral of users to the respective Supplier, or the
transfer of data via users who are provided by a sub-agent . Sinbad Voyage
L.L.C does not appear itself as the organizer, lessor, seller or other contract
partner with regards to the tourist service agreement with the user.
Consequently, part II of the General Terms and Conditions of Sinbad Voyage
L.L.C shall apply to offers on the Tripaloca Platform and the provision of
users to the Supplier. Part II of the General Terms and Conditions applies to
the use of Tripaloca Platform by cooperating partners (sub-agents or
distribution partners), subject to special contractual agreements concluded
with the respective cooperating partner. The contractual conditions of the
Supplier, as per part III of these General Terms and Conditions, apply to the
respective tourist service agreement between the user and the Supplier.
3. Registration
3.1 The use of Tripaloca Platform’s offer can
generally be done anonymously.
3.2 Certain types of use of Tripaloca Platform,
such as the making of bookings, require registration. During registration, the
user sends an electronic registration form and consents to the General Terms
and Conditions. The registration with Sinbad Voyage L.L.C is only concluded
once a confirmation is sent to the e-mail address specified by the user.
Natural individuals must be over the age of 18 in order to register. The user
has to keep the password he/she sets secret and take suitable precautions to
prevent third parties becoming aware of it.
3.3 The creation of more than one user account
for the same natural individual or legal entity is not permitted. The user
account cannot be transferred.
4. Services of Sinbad Voyage L.L.C/Conclusion of contract
4.1 Once the user has entered his/her desired
service on the Tripaloca Platform (e.g. travel destination, type of tour, start
time, number of participants & price options), Sinbad Voyage L.L.C shall
show the user the information about the Suppliers’ services (“service
information“). Based on this information, the user can, where applicable after
checking availability, make a contractual offer, by placing an offer, to be
sent to the respective Supplier, whereby the sub-intermediates act on behalf of
the referred user. This happens, after the selection and transfer to the
shopping basket, by clicking on the button “confirm and book”.
4.2 The user is bound to his/her binding offer
for five working days. For more information see Section 5 of the General Terms
and Conditions of the Supplier of tours and other tourist services in Part III.
4.3 Sinbad Voyage L.L.C shall notify the user of
the conditions of transport and business of the Supplier for their contractual
relationship with the user and for their services. They can be found in the
respective tenders. The user is responsible for meeting and complying with these
conditions. The Supplier reserves the right to not allow the user to undertake
an action, or to exclude it, if they do not meet the conditions. In this case
the paid price shall not be refunded.
4.4 Sinbad Voyage L.L.C shall provide the user
with a booking confirmation issued in the name of, and on behalf of, the
Supplier, as well as a payment confirmation. The use of the Tripaloca Platform
itself is essentially free of charge for the user. The costs for the technical
access to the Tripaloca Platform (e.g. internet access) are to be borne by the
user. Sinbad Voyage L.L.C is permitted to collect the invoiced amounts in the
name of, and behalf of the Supplier.
4.5 Sinbad Voyage L.L.C shall forward the user
any data for the use of a Supplier’s service according to the applicable
conditions (such as ticket data), once they have been received by the Supplier.
4.6 Sinbad Voyage L.L.C assumes no guarantee for
the accuracy of forwarded data, or for the performance of services by the
Supplier, as all the information indicated and forwarded is based on data from
Suppliers or third parties, which Sinbad Voyage L.L.C cannot check in detail.
5. Payments on Tripaloca
5.1 The service agreement concluded with the Supplier
shall apply to the fees to be paid by the user for the services of the
Supplier.
5.2 Sinbad Voyage L.L.C is permitted to collect
the invoiced amounts in the name of and on behalf of the Supplier, provided
nothing else has been explicitly stated in the Supplier’s invoice. If claims
have to be paid by the user in a different currency than its national currency
(claims for payment in foreign currencies), Sinbad Voyage L.L.C can demand
payment in the national currency of the user and the foreign currency claim can
be converted based on the current exchange rate at the time the contract is
concluded. Sinbad Voyage L.L.C can charge the user a suitable conversion charge
for this.
5.3 The contact partner, and contract partner, of
the user in connection with the service agreement and its payment, is the
respective Supplier. The user can only assert the repayment of a payment to the
respective Supplier. A refund granted by the Supplier can also be processed by
the Supplier via Sinbad Voyage L.L.C. To simplify the process for the user,
communication via Tripaloca Platform is recommended.
5.4 To use the payment functions of Sinbad
Voyage L.L.C, the user has to register. The user has to enter correct payment
information and update the details immediately in the event of changes. Sinbad
Voyage L.L.C can reject the payment method specified by the user. The user will
be notified of the payment methods permitted for the respective service during
the order process.
5.5 Upon the authorization of the payment, the
user consents to his/her payment information being used for the collection of
payments by the creditor. Sinbad Voyage L.L.C reserves the right to make the
use of the payment function of Sinbad Voyage L.L.C dependent on a check of the
credit rating of the user.
6. Pricing of Sinbad Voyage L.L.C
6.1 All prices on Tripaloca are quoted per
person and include VAT and all other taxes. Local taxes may be charged on site.
6.2 These prices specified by the Suppliers may
be subjected to special conditions, for example with regards to cancellation
and the refunding of payments made. Before making the booking, please check
precisely whether the respective service agreement is subject to separate
conditions.
7. The best price guarantee of Sinbad Voyage L.L.C
7.1 Sinbad Voyage L.L.C would like the user to
pay the lowest possible price for the respective service. If the users find the
offer they have booked via Sinbad Voyage L.L.C with the same conditions
(town/city, number of people, availability) and at a lower price online, Sinbad
Voyage L.L.C shall pay the user, on a voluntary basis, the difference between
the price paid and the lower price found on the internet.
7.2 All special offers and promotional campaigns
are marked as such.
8. Duties and obligations of the user
8.1 The user shall keep the registration data
(user login and password) secret and not allow third parties access to Tripaloca
Portal using his/her registration data. The user shall be accountable for all
use of his/her user account on Tripaloca Portal.
8.2 After receiving the service information, the
user can send any orders to Sinbad Voyage L.L.C for forwarding to the Supplier.
8.3 The user shall exempt Sinbad Voyage L.L.C
from third-party claims based on his/her use of the Tripaloca Platform, unless
they are the fault of Sinbad Voyage L.L.C.
9. Availability and warranty
9.1 There is no claim for availability, quality
or service features, or technical support for the Tripaloca Platform. Sinbad Voyage
L.L.C can redesign, reduce or suspend their online portal Tripaloca at any
time, at its discretion. Existing agreements of the user with a Supplier, as
well as the execution of these agreements, remain unaffected by these changes.
9.2 Sinbad Voyage L.L.C makes no guarantee or
warranty for the accuracy or completeness of data provided by third parties (such
as Suppliers).
9.3 Sinbad Voyage L.L.C makes no guarantee or
warranty for the services provided by the Suppliers. The contact partner of the
user in the event of questions and claims in connection with a service
agreement and its execution is the respective Supplier.
9.4 Provided Sinbad Voyage L.L.C does not have
any obligation to the user, Sinbad Voyage L.L.C also provides no guarantee.
10. Liability of Sinbad Voyage L.L.C
10.1 If Sinbad Voyage L.L.C has not assumed a
corresponding contractual obligation by means of an explicit agreement with the
user, it is not liable for the realization of corresponding agreements with
Suppliers in line with the booking request of the user.
10.2 Without explicit agreement or an assurance
of this kind, Sinbad Voyage L.L.C is not liable for defects in the performance
of the service and personal or material damage incurred by the user in
connection with the travel service provided, concerning the services provided.
If several tourist services are provided (in accordance with the legal term
“package holidays”) this does not apply, unless Sinbad Voyage L.L.C gives the
impression, as per Section 651a, paragraph 2, BGB that it performs the intended
travel services under its own responsibility.
10.3 Any liability of Sinbad Voyage L.L.C due to
the culpable violation of obligations in the brokering of contracts remains
unaffected by the aforementioned conditions.
10.4 The liability of Sinbad Voyage L.L.C
for contractual claims of the user is limited to three-times the
price of the tourist services procured, except for
10.5 For ordinary negligence, Sinbad Voyage
L.L.C is only liable for the violation of a key contractual obligation and only
for foreseeable and typical damage. Key contractual obligations are obligations
which need to be fulfilled to make the proper execution of the contract
possible and whereby the user can regularly rely on them being met.
10.6 Restrictions of liability do not apply
within the scope of guarantees issued, in the event of an injury to life, limb
or health or for claims based on the product liability law.
11. Termination
Users can cancel their registration on Tripaloca
Portal at any time by blocking their user account. Sinbad Voyage L.L.C can
cancel a registration unilaterally with one week’s notice. Claims which have
arisen before this is done, remain unaffected. The right to extraordinary
cancellation remains unaffected.
12. Evaluation function of Sinbad Voyage L.L.C
12.1 Users have the opportunity to have personal
influence on the content of Tripaloca Platform by writing travel reports in the
form of evaluations, or uploading pictures (“user content”). Users are fully
responsible for the user content they provide. They ensure that the content is
correct and guarantee that the content does not contain any misleading or
illegal statements or details. Furthermore, the users guarantee that the
content does not violate third-party rights. Under no circumstance and in no
way does Sinbad Voyage L.L.C make user content its own, it merely provides a
Platform.
12.2 Sinbad Voyage L.L.C can use the user
content in various ways. This includes displaying it on the website, reformatting,
editing for more clarity or better grammar, incorporation into adverts or other
work.
12.3 Sinbad Voyage L.L.C can remove or report
user content where necessary and at its own discretion. For example, Sinbad
Voyage L.L.C can remove user content if it violates the Sinbad Voyage L.L.C
principles for content, in the opinion of Sinbad Voyage L.L.C. Sinbad Voyage
L.L.C is not obliged to store copies of user content or provide copies thereof.
Sinbad Voyage L.L.C does not guarantee the confidentiality of user content.
12.4 Sinbad Voyage L.L.C and its distribution
partners or sub-agents can display adverts and other information together or
next to the user content on the website and other media. Users have no claim to
remuneration for these adverts. Subject to changes regarding the type and scope
of these advertising measures. The user does not need to be especially notified
of this.
12.5 The users shall fully indemnify Sinbad
Voyage L.L.C and its distribution partner or sub-agents from all third-party
claims (incl. suitable costs for legal prosecution and defense) at first
request, which these third parties assert against Sinbad Voyage L.L.C
concerning the user content provided by the user. This also applies if the
contested content can no longer be accessed on Tripaloca Platform. This does
not apply if Sinbad Voyage L.L.C is responsible for the legal violation. In the
event of recourse by third parties, users have to immediately, truthfully and
completely provide Sinbad Voyage L.L.C with all the information necessary to
verify the claims and defend them.
13. Data protection
13.1 Sinbad Voyage L.L.C collects and uses
personal data of users to the extent that is necessary for the creation, design
of content or modification of the contractual conditions for Sinbad Voyage
L.L.C between the user and Sinbad Voyage L.L.C.
13.2 If Sinbad Voyage L.L.C is involved in the
communication for a service agreement between the user and the respective
Supplier, it shall transfer the data required for this agreement to the
respective Supplier. This Supplier processes and uses the data to initiate,
conclude and execute the contract on its own responsibility. The identity of
the respective Supplier can be taken from the booking dialogue.
13.3 Further information can be found in the
data protection conditions of Sinbad Voyage L.L.C at Privacy
Policy
.
14. Changes to these General Terms and Conditions
14.1 Sinbad Voyage L.L.C reserves the right to
change these General Terms and Conditions at any time and without stating the
reasons. Sinbad Voyage L.L.C will only make changes affecting the user, which
the user must agree to in consideration of mutual interests. This concerns, for
example, cases where the equivalence principle has been disturbed, as well as
loopholes and changes in legislation. The amended conditions will be sent to
the users by e-mail at the latest two weeks before they come into effect. If a
user does not reject the validity of the new General Terms and Conditions
within two weeks of the receipt of the e-mail, the amended General Terms and
Conditions are deemed to have been accepted. Sinbad Voyage L.L.C will notify
the user, in the e-mail containing the amended conditions, of the importance of
this two-week deadline.
14.2 These Terms and Conditions can be amended
at any time and without notice for future intermediation of contracts with
Supplier. The respective conditions valid for each individual contract
conclusion shall apply.
15. Other provisions
15.1 These General Terms and Conditions
represent the whole agreement between Sinbad Voyage L.L.C and the user. No
additional agreements exist.
15.2 The law of the Federal Republic of Germany
shall apply, excluding the UN Convention on Contracts for the International
Sale of Goods. If you have placed the order, as the consumer, and at the time
of the order your normal place of residence is in another country, the
application of the mandatory legal provisions of this country remain unaffected
by the choice of law in clause 1. The exclusive place of jurisdiction is
Berlin, provided the user is a tradesperson as per the German Commercial Code
or does not have a permanent place of residence in Germany when the suit is
filed. The legally-binding places of jurisdiction remain unaffected by this.
15.3 If provisions of these General Terms and
Conditions are or become invalid, this shall not affect the validity of the
rest of the provisions.
Sinbad Voyage L.L.C
5th settlement P085 Office #4,
New Cairo,
Egypt.
III. General Terms and Conditions of the Supplier of tours and other tourist services
1. Introduction
Part III of these General Terms and Conditions
applies to all contracts concluded between the Suppliers and the users via the Tripaloca
Platform. This also applies, if access to the Tripaloca Platform is provided
via a cooperating partner (sub- agent, distribution partner).
2. Truthful details
The details transferred via the Tripaloca
Platform must be truthful. The Supplier reserves the right to withdraw from the
contract or to exclude users from participating in the service and to demand
compensation amounting to the cancellation costs as per Section 11 of part III
of the General Terms and Conditions of Supplier of tours and other tourist
services, if defective details are provided by the user.
3. Arrival at meeting point and compliance with conditions
You are responsible for arriving on time at the
notified meeting point. If you are travelling to an activity from abroad, you
are responsible for having the necessary travel documents (passport etc.), and
for observing the health regulations etc.
4. Additional terms and conditions
If Supplier includes in addition to these
General Terms and Conditions of Supplier of tours and other tourist services of
Part III further participation or transport or other terms in a contract with
you, you are responsible for observing these additional terms. The Supplier
reserves the right to exclude participants from the activity if they do not
meet these conditions.
5. Binding nature of the request
The contract between you or the user you have
referred, and the Supplier comes into effect upon the acceptance of your
binding request by the Supplier. When you book a tour or another activity, you
make the Supplier a binding offer which you, or the user you have referred, are
bound to for five working days. If the Supplier accepts your offer within this
period of time, the contract comes into binding effect. You, or the user
referred by you, receives notification of this by e-mail.
6. Payment
The agreed total price for the service we have
provided is due upon the conclusion of the contract.
7. Notes on the right of revocation
The Supplier points out that according to legal
provisions (section 312, paragraph (2), no. 4, 312g, paragraph 2, clause 1, no.
9, BGB), contracts for tourism services which are concluded as remote selling
(i.e. via the Tripaloca Platform) do not have a right of revocation, but merely
the legal rights to withdraw and cancel the contract.
8. Self-responsibility for insurance
The price of the services does not include
insurance. You are responsible for providing sufficient insurance protection.
The requirement for insurance depends on the activity booked.
9. Unpaid services
If you or the user you have referred do not pay
for the booked service according to the agreed due date of payment, although
the Supplier is prepared, and able, to perform the contractual service and
there is no legal or contractual right of retention for you or the user you
have provided, the Supplier is permitted to withdraw from the contract and
charge you, or the user you have referred, for the withdrawal costs as per
point 11.
10. Exchange of messages
All messages between you, or the user you have
referred, and the Supplier shall be done via the Tripaloca Platform. In the
interest of quick processing, it is recommended to exclusively use the forms
provided by Sinbad Voyage L.L.C.
11. Cancellation guidelines
11.1 If you reject (cancel) the activity, the
cancellation conditions stated in the product description as well as on your
voucher apply. Sinbad Voyage L.L.C advises the user to carefully read the
information in the product description.
11.2 Provided there are no deviating cancellation
conditions in the product description of your Supplier, the following
cancellation fees will be charged by the Supplier of the tourist services:
a. Up to 24 hours before the start of the
activity: full refund
b. Less than 24 hours before the start of the
activity or in the event of a no-show: no refund
11.3 You, or the user you have referred, are
free to prove to the Supplier that they have not incurred any damage, or
substantially less damage than the fee charged by the Supplier.
11.4 The Supplier reserves the right to request
higher, specific compensation instead of the aforementioned flat-rate fees, if
the Supplier can prove that it has incurred much higher expenses than the
respectively applicable flat-rate fee. In this case the Supplier is obliged to
provide specific figures and evidence of the compensation requested, taking
into account the saved expenses and any other use of the services.
11.5 The refund is done using the same payment
method. In the event of credit cards which are charged monthly, the amount
shall be credited at the end of the current invoicing period. The exact time of
the refund depends on the user’s credit card agreement. The refund by bank
transfer shall be done within seven bank working days.
12. Extraordinary cancellation
The Supplier can cancel the activity on the
agreed date without observing a period of notice, if weather conditions,
official measures, strikes or other unforeseeable or unavoidable external
conditions (in particular force majeure) make the execution of the activity
impossible, make it considerably more difficult or endanger it. In this case
the paid price is refunded.
13. Exclusion of participation
The Supplier is permitted not to allow you to
join an activity, or to exclude you from one, if you do not meet the personal
participation requirements, your participation would endanger you or someone
else or in any other way make the activity impossible in the long-term. This
applies accordingly to a user you have referred. In these cases, the paid price
cannot be refunded.
14. Changes to the program
Furthermore, the Supplier reserves the right to
make non-essential changes to the program, if this is necessary due to
unforeseeable or unavoidable conditions.
15. Further conditions
Further conditions or deviating conditions can
be found in the respective tenders.
16. Time zone
For calculations of the time and deadlines, the
time zone of the Supplier is authoritative.
17. Liability of the Supplier of the tour or the tourism service
The Supplier is liable in accordance with the
applicable law for its services, whereby the liability, if permitted according
to the applicable law, is excluded.
18. Change to these General Terms and Conditions
These Terms and Conditions of the Supplier of
tours and other tourist services of Part III can be amended at any time and
without notice for future bookings. The respective conditions valid for each
individual booking shall apply. The user has no claim for future bookings based
on the existing conditions.
