Read

GTC

Dear customers,

The following provisions shall, insofar as they have been effectively agreed, become part of the travel contract between you and Dietmar and Christine Häbe GbR, Velo Andaluz, hereinafter abbreviated to "VA" , in the event of a booking from 01.07.2022. They supplement and complete the statutory provisions of Sections 651a - y BGB (German Civil Code) and Articles 250 and 252 of the EGBGB (Introductory Act to the BGB). Please read these travel conditions carefully before booking!

1. conclusion of the package travel contract, obligation of the customer

1.1 The following applies to all booking channels:

a ) The basis of VA's offer and the customer's booking shall be the travel advertisement and the supplementary information from VA for the respective trip, insofar as these are available to the customer at the time of booking.

b) If the content of the travel confirmation from VA deviates from the content of the booking, this shall constitute a new offer from VA, to which VA shall be bound for a period of 3 days. The contract shall be concluded on the basis of this new offer insofar as VA has pointed out the change with regard to the new offer and has fulfilled its pre-contractual information obligations and the customer declares acceptance to VA within the binding period by means of an express declaration or down payment.

c ) The pre-contractual information provided by VA on the essential characteristics of the travel services, the travel price and all additional costs, the payment modalities, the minimum number of participants and the cancellation fees (in accordance with Article 250 § 3 number 1, 3 to 5 and 7 EGBGB) shall only not become part of the package travel contract if this has been expressly agreed between the parties.

1.2 The following applies to bookings made verbally, by telephone, in writing, by e-mail, by SMS or by fax :

a) The contract shall come into effect upon receipt of the travel confirmation (declaration of acceptance) by VA. Upon or immediately after conclusion of the contract, VA shall send the customer a travel confirmation in text form in accordance with the statutory requirements for its content, unless the traveler is entitled to a travel confirmation in paper form in accordance with Art. 250 § 6 (1) sentence 2 EGBGB, because the contract was concluded in the simultaneous physical presence of both parties or outside of business premises.

b ) If VA submits a binding and concrete offer with services, prices and travel period to the customer, if necessary after prior consultation with the customer about his wishes, the contract shall be concluded in deviation from the above provisions by the customer accepting this offer without extensions, restrictions or other changes in the form and period specified by VA. In this case, the contract shall come into effect upon receipt of the customer's declaration of acceptance by VA. VA shall inform the Customer of receipt of the declaration of acceptance. However, the legally binding nature of the contract shall be independent of whether the Customer receives this notification.

1.3 VA points out that according to the statutory provisions (Sections 312 para. 7, 312g para. 2 sentence 1 no. 9 BGB), there is no right of withdrawal for package travel contracts pursuant to Section 651a and Section 651c BGB that were concluded by distance selling (letters, catalogs, telephone calls, faxes, e-mails, messages sent via mobile phone service (SMS) as well as broadcasting, telemedia and online services), but only the statutory rights of withdrawal and termination, in particular the right of withdrawal pursuant to Section 651h BGB (see also Section 5). However, there is a right of withdrawal if the contract for travel services has been concluded outside of business premises in accordance with Section 651a BGB, unless the verbal negotiations on which the conclusion of the contract is based were conducted at the prior request of the consumer; in the latter case, there is also no right of withdrawal.

1.4 Flight bookings that we make on behalf of our customers for all Málaga and Cambrils road bike camps are not included in the package price. These are booked in the name and for the account of the customer. For the Basic Cycling Package a handling fee will be charged.

2. payment

2.1 VA and travel agents may only demand or accept payment of the tour price before the end of the package tour if an effective customer money protection contract exists and the customer has been given the security certificate with the name and contact details of the customer money insurer in a clear, comprehensible and highlighted manner. After conclusion of the contract, a deposit of 20% of the travel price shall be due for payment against handover of the security certificate. For air travel, VA reserves the right to demand a flat-rate flight fee amounting to a maximum of the flight price in addition to the down payment. The remaining payment is due 35 days before the start of the trip, provided that the security certificate has been handed over and the trip can no longer be canceled for the reason stated in Section 7. For bookings made less than 30 days before the start of the tour, the entire tour price is due for payment immediately.

2.2 If the Customer does not make the down payment and/or the final payment in accordance with the agreed payment due dates, although VA is willing and able to provide the contractual services properly, has fulfilled its statutory information obligations and the Customer has no statutory or contractual right of retention, VA shall be entitled to withdraw from the package travel contract after issuing a reminder with a deadline and to charge the Customer cancellation costs in accordance with Section 5.

3. changes to the content of the contract before the start of the trip that do not affect the price of the trip

3.1 Deviations of essential characteristics of travel services from the agreed content of the package travel contract, which become necessary after conclusion of the contract and were not brought about by VA in bad faith, are permitted to VA before the start of the trip, insofar as the deviations are insignificant and do not affect the overall design of the trip.

3.2 VA is obliged to inform the customer of changes to services immediately after becoming aware of the reason for the change on a durable medium (e.g. also by email, SMS or voice message) in a clear, comprehensible and prominent manner.

3.3 In the event of a significant change to an essential feature of a travel service or a deviation from special requirements of the customer that have become part of the package travel contract, the customer shall be entitled to either accept the change or withdraw from the package travel contract free of charge within a reasonable period set by VA at the same time as notification of the change. If the customer does not expressly declare their withdrawal from the package travel contract to VA within the period set by VA, the change shall be deemed to have been accepted.

3.4 Any warranty claims shall remain unaffected if the modified services are defective. If VA had lower costs for the execution of the changed trip or a possibly offered replacement trip with the same quality at the same price, the customer shall be reimbursed the difference in accordance with Section 651m (2) BGB.

4. price increase, price reduction

4.1 In accordance with Sections 651f, 651g BGB and the following provisions, VA reserves the right to increase the travel price agreed in the package travel contract if

a) an increase in the price for the transportation of passengers due to higher costs for fuel or other energy sources ,

b) an increase in taxes and other charges for agreed travel services, such as tourist taxes, port or airport charges, or

c) a change in the exchange rates applicable to the package tour in question has a direct effect on the travel price.

4.2 An increase in the travel price is only permitted if VA informs the traveler clearly and comprehensibly in text form about the price increase and the reasons for it and provides the calculation of the price increase.

4.3 The price increase is calculated as follows:

a) In the event of an increase in the price for the transportation of persons in accordance with 4.1a), VA may increase the travel price in accordance with the following calculation:

In the event of a seat-related increase, VA may demand the amount of the increase from the customer.

Otherwise, the additional transportation costs demanded by the transport company per means of transport shall be divided by the number of seats on the agreed means of transport. VA may demand the resulting increase for the individual seat from the customer.

b ) In the event of an increase in taxes and other charges in accordance with 4.1b), the travel price may be increased by the corresponding pro rata amount.

c ) In the event of an increase in exchange rates in accordance with 4.1c), the travel price may be increased to the extent that the trip has become more expensive for VA as a result

4.4 VA shall be obliged to grant the customer/traveler a reduction in the travel price at his request if and insofar as the prices, charges or exchange rates specified in 4.1 a) - c) have changed after conclusion of the contract and before the start of the trip and this results in lower costs for VA. If the customer/traveler has paid more than the amount owed hereunder, the additional amount shall be reimbursed by VA. However, VA may deduct the administrative expenses actually incurred by VA from the additional amount to be reimbursed. At the request of the customer/traveler, VA must provide evidence of the amount of administrative expenses incurred.

4.5 Price increases are only permitted up to the 20th day before the start of the trip.

4.6 In the event of price increases of more than 8%, the customer shall be entitled to either accept the change or withdraw from the package travel contract free of charge within a reasonable period set by VA at the same time as notification of the price increase. If the customer does not expressly declare his withdrawal from the package travel contract to VA within the period set by VA, the change shall be deemed to have been accepted.

5. withdrawal by the customer before the start of the trip/cancellation costs

5.1 The customer may withdraw from the package travel contract at any time before the start of the trip. The withdrawal must be declared to VA at the address given above/below; if the trip was booked through a travel agent, the withdrawal may also be declared to the travel agent. The customer is recommended to declare the withdrawal in text form.

5.2 If the customer withdraws before the start of the trip or does not start the trip, VA shall lose the right to the travel price. Instead, VA may demand reasonable compensation if it is not responsible for the withdrawal or if unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity which significantly impair the performance of the package tour or the transportation of persons to the destination; circumstances are unavoidable and extraordinary if they are beyond the control of VA and their consequences could not have been avoided even if all reasonable precautions had been taken.

5.3 VA has determined the following compensation flat rates taking into account the period between the declaration of withdrawal and the start of the trip and taking into account the expected savings in expenses and the expected income from other uses of the travel services. The compensation shall be calculated as follows according to the time of receipt of the declaration of withdrawal with the respective cancellation scale:

  1. a) for air travel with charter airlines, for hotel bookings only and for rental bike and bike package bookings:


up to 30 days before departure 25 %

from the 29th to the 7th day before departure 75%,

from the 6th to the 1st day before departure 90 %,

100% of the tour price on the day of the trip and in the event of non-commencement of the trip

  1. b) In the case of a flight booking (e.g. scheduled flights) or a hotel booking, in each case with a special rate, no flat-rate scale of cancellation costs is agreed, but the cancellation costs are calculated specifically in accordance with Section 651i (2) BGB.


5.4 The Customer shall in any case be at liberty to prove to VA that VA has suffered no damage at all or significantly less damage than the flat-rate compensation demanded by VA.

5.5 VA reserves the right to demand higher, specific compensation instead of the above flat rates, insofar as VA proves that VA has incurred significantly higher expenses than the applicable flat rate. In this case, VA shall be obliged to quantify and substantiate the compensation claimed, taking into account the expenses saved and any other use of the travel services.

5.6 If VA is obliged to reimburse the travel price as a result of a withdrawal, it must make payment immediately, but in any case within 14 days of receipt of the declaration of withdrawal.

5.7 The statutory right of the customer to demand from VA in accordance with § 651 e BGB by means of a notification on a durable medium that a third party shall assume the rights and obligations arising from the package travel contract instead of the customer shall remain unaffected by the above conditions. Such a declaration shall in any case be deemed timely if it is received by VA 7 days before the start of the tour.

5.8 The conclusion of travel cancellation insurance and insurance to cover repatriation costs in the event of accident or illness is strongly recommended. VA recommends that customers check their personal insurance policies, including luggage, accident, international health insurance and personal liability (rental bike).

6. rebookings

6.1 The customer shall not be entitled to make changes to the travel date, the travel destination, the place of departure, the accommodation, the type of board, the type of transportation or other services (rebooking) after conclusion of the contract. This shall not apply if the rebooking is necessary because VA has provided the traveler with no, insufficient or incorrect pre-contractual information in accordance with Art. 250 § 3 EGBGB; in this case, the rebooking is possible free of charge. If, in other cases, a rebooking is nevertheless made at the customer's request, VA may charge the customer a rebooking fee per traveler affected by the rebooking if the following deadlines are met. Unless otherwise agreed in individual cases before the rebooking is confirmed, the rebooking fee shall be € 25 per affected traveler until the start of the second cancellation period for the respective type of travel in accordance with the above provision in Section 5.

6.2 Rebooking requests made by the customer after the deadlines have expired can only be carried out, if at all possible, after withdrawal from the package travel contract in accordance with section 5 on the conditions and simultaneous new registration. This does not apply to rebooking requests that only incur minor costs.

7. withdrawal due to insufficient number of participants

7.1 If a minimum number of participants is not reached, VA may withdraw from the contract in accordance with the following provisions:

a ) The minimum number of participants and the latest time at which the customer must receive the declaration of withdrawal from VA must be specified in the respective pre-contractual information

b) VA must state the minimum number of participants and the latest withdrawal deadline in the travel confirmation

c) VA is obliged to inform the customer immediately of the cancellation of the trip if it is certain that the trip will not be carried out due to the minimum number of participants not being reached.

d ) Cancellation by VA later than 20 days before the start of the trip is not permitted.

7.2 If the tour is not carried out for this reason, the customer will be refunded any payments made towards the tour price without delay; section 5.6. applies accordingly.

8. termination for behavioral reasons

8.1 VA may terminate the package travel contract without notice if the traveler persistently disturbs the contract despite a warning from VA or if he behaves in such a way contrary to the contract that the immediate cancellation of the contract is justified. This shall not apply if the behavior in breach of contract is due to a breach of VA's duty to provide information.

8.2 If VA terminates the contract, VA shall retain the claim to the travel price; however, VA must offset the value of the saved expenses and the benefits that VA obtains from any other use of the unused service, including the amounts credited by the service providers.

9 Obligations of the customer/traveler

9.1 Travel documents The customer must inform VA or the travel agent through whom he booked the package tour if he does not receive the necessary travel documents (e.g. train ticket, hotel voucher) within the period communicated by VA.

9.2 Notification of defects / request for remedy

a) If the trip is not provided free of travel defects, the traveler may demand redress.

b) Insofar as VA was unable to remedy the situation due to a culpable failure to report the defect, the traveler may neither assert claims for a reduction in price in accordance with Section 651m BGB nor claims for damages in accordance with Section 651n BGB

c) The traveler is obliged to notify VA's representative on site immediately of any defects. If a representative of VA is not available on site and is not contractually owed, any travel defects must be brought to the attention of VA at the contact point provided by VA; information on the availability of the representative of VA or its contact point on site shall be provided in the travel confirmation. However, the traveler may also bring the notification of defects to the attention of the travel agent through whom he booked the package tour.

d) The representative of VA shall be instructed to take remedial action if this is possible. However, he is not authorized to recognize claims.

9.3 Services not utilized

If the customer does not make use of individual travel services due to premature return travel, illness or other reasons for which VA is not responsible, the customer shall not be entitled to a pro rata refund. However, VA shall reimburse the customer for expenses saved as soon as and to the extent that they have actually been reimbursed to VA by the individual service providers.

9.4 Setting a deadline before termination

If the customer/traveler wishes to terminate the package travel contract due to a travel defect of the type described in Section 651i (2) BGB, insofar as it is significant, in accordance with Section 651l BGB, he must first set VA a reasonable deadline for remedial action. This shall only not apply if the remedy is refused by VA or if the immediate remedy is necessary.

9.5 Damage to baggage and baggage delays VA strongly recommends that damage or delays in delivery during air travel be reported immediately on the spot to the responsible airline by means of a damage report (P.I.R.). As a rule, airlines refuse refunds if the damage report has not been completed. The damage report must be submitted within 7 days in the case of damaged baggage and within 21 days of delivery in the case of delayed baggage. Otherwise, the loss, damage or misdirection of luggage must be reported to the tour guide or the local representative of the tour operator.

10. rental bike 10.1 Liability of the customer for rental bike If a bicycle is provided as part of the travel contract, the customer is liable for the careful handling of the bicycle. In particular, the customer undertakes to

road traffic regulations and not to leave the bicycle unattended or without securing it against removal (unlocked). The customer is liable for any damage resulting from a breach of duty. Due to the obligation to provide information, we would like to point out that helmets are compulsory for cyclists in Spain. 10.2 Bike settings

Wheel adjustment is free of charge. VA always endeavors to provide the customer with a bike for his body measurements. 10.3 Maximum permissible weight The maximum permissible weight for carbon is 110 kg.

10.4 Cycling in the destinations we offer The customer is responsible for assessing their own state of health. The customer must check for themselves before the trip whether participation in sports and other leisure activities is compatible with their respective physical condition. VA cannot accept any liability for physical injury or damage to health. Helmets are compulsory on all tours. 11 Limitation of liability

11.1 The contractual liability of VA for damages that do not result from injury to life, limb or health and were not culpably caused shall be limited to three times the travel price. Any claims in excess of this under the Montreal Convention or the Air Traffic Act shall remain unaffected by this limitation of liability.

11.2 VA shall not be liable for service disruptions, personal injury and property damage in connection with services that are merely arranged as third-party services (e.g. arranged excursions, sporting events, theater visits, exhibitions) if these services were expressly and clearly marked as third-party services in the travel description and the travel confirmation, stating the identity and address of the arranged contractual partner, so that they are recognizably not part of VA's package tour for the traveler and were selected separately. Sections 651b, 651c, 651w and 651y BGB shall remain unaffected by this.

However, VA shall be liable if and to the extent that VA's breach of information, clarification or organizational obligations has caused damage to the traveler.

12. assertion of claims, addressee

The customer/traveler must assert claims against VA in accordance with Section 651i (3) No. 2, 4-7 BGB. The assertion can also be made via the travel agent if the package tour was booked via this travel agent. Assertion in text form is recommended.

13. passport and visa information VA shall only provide advice on passport and visa requirements if expressly commissioned by the customer, unless VA is obliged to provide this advisory service to the customer in relation to the service provider. 14 Alternative dispute resolution, choice of law and place of jurisdiction

14.1 With regard to the Consumer Dispute Resolution Act, VA points out that VA does not participate in voluntary consumer dispute resolution. If consumer dispute resolution becomes mandatory for VA after the printing of these Terms and Conditions of Travel, VA shall inform consumers of this in an appropriate form. VA refers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr/ for all travel contracts concluded in electronic legal transactions.

14.2 For customers/travelers who are not nationals of a member state of the European Union or Swiss citizens, the exclusive application of German law is agreed for the entire legal and contractual relationship between the customer/traveler and VA. Such customers/travelers may sue VA exclusively at its registered office.

14.3 For actions brought by VA against customers or contractual partners of the package travel contract who are merchants, legal entities under public or private law or persons,

who have their domicile or usual place of residence abroad, or whose domicile or usual place of residence is not known at the time the action is brought, the place of jurisdiction shall be the registered office of VA.

15.1 These travel conditions apply to contracts concluded from 01.07.2022.

-------------------------------------------------------------------------------------------------------------------------------

These travel conditions are protected by copyright; Deutscher Tourismusverband e.V. and Noll & Hütten Rechtsanwälte, Stuttgart | Munich, 2017-2018.

-------------------------------------------------------------------------------------------------------------------------------

is a tour operator:

Dietmar and Christine Häbe GbR Velo Andaluz

Rudolf-Blickle-Str. 31b

Phone +49 (0) 1523 7708995

E-mail info@velo-andaluz.com