Terms and Conditions

General Terms and Conditions
These terms of travel and payment will form part of the holiday contract you enter into with our company. Please note that text is a translation of the original German text. Legally, only the German version is decisive.

Travel conditions
Dear customer and traveler, clear contractual provisions, which are agreed with you as set out below,
also contribute to an optimal performance of a travel.
The following travel conditions shall amend the stipulations of §§ 651 lit. a) through m) BGB (German Civil Code)
on package tours (Pauschalreisen) and on the tour operator’s information obligations and shall implement the aforementioned stipulations. They form, as far as they are blindingly agreed, an integral part of the travel agreement concluded between you (the "Customer") and Reisedienstleistungen in Bayern ("CleverCycling").

Registration
Travel bookings can be sent in writing by post, fax or by internet. Your booking is an offer to us of a binding contract.
The contract comes into force when we accept your booking.
This acceptance, which does not require any particular form, will be communicated to you in a written booking confirmation from us.
If you do not receive our travel and payment conditions by registration we will send you these with your booking confirmation.
If you do not contradict these within fourteen days of receipt, with short term bookings (10 days or less before travel) immediately,
the holiday contract comes into force according to these conditions.
If the contents of the booking confirmation differ from the content of registration, we are bound by this offer for ten days.
The contract comes into force according to this new offer if you communicate acceptance to us within this period, this can also
occur by payment. If you register other people, you take on all contractual duties for your fellow travellers.
Other arrangements and changes to the concluded contract of travel must be in writing.

Payment
With conclusion of the contract a deposit of 15% of the total price is payable.
In accordance with § 651 BGB, you will receive an insurance certificate from the "Travelsave Service-Gesellschaft" (Insurance Company) so that your payment is insured against possible insolvency of the company.
The remaining amount has to be paid six weeks before the start of the journey. Except for guided trips: The remaining amount has to be paid three months prior to the start of the journey.
If the agreed payment is not paid in full after a reminder or at the latest before the start of the holiday, we reserve the right to dissolve the contract and to claim damages for rescission of contract insofar as there is no valid excuse why the holiday cannot be taken up.
You'll get your travel documents a) via E-Mail, and b) by mail. For short-term bookings, printed travel documents and necessary maps, are dposited for you at your first hotel.

Services
The basis of the holiday services are the individual tours described in our descriptions given on our internet pages and confirmed in the travel-contract.
Modifications of individual travel services, which become necessary after the contract is concluded and which are undertaken in good faith are allowed provided the changes are not substantial and do not change the overall character of the journey.
For information in brochures from hotels or similar, we assume no liability, even if they are issued by us. Unused benefits and services are generally not refundable.

Cancellation and booking changes
You can withdraw at any time from your travel contract. The cancellation or postponement be made in writing.
You'll get your payments back-less the relevant cancellation fee.

Cancellation by the customer prior to the start of the journey / cancellation fees

  • Up to 30 days before the start of the journey: 10% of travel price, minimum € 50
  • 29 days up to 15 days before start of the journey: 30% of travel price
  • 14 days up to 8 days before the start of the journey: 50% of travel price
  • 7 days up to 1 day before the start of the journey: 90% of travel price
  • On arrival day or in case of not appearing: 90% of travel price

Our cancellation fees for guided tours are as follows:

  • Up to 90 days before the start of the journey: 10% of the holiday price, minimum € 75
  • 89 up to 60 das before the start of the journey: 30% of the holiday price
  • 59 days up to 30 days before the start of the journey: 50% of travel price
  • 29 days to 15 days before start of the journey: 60% of travel price
  • 14 days to 8 days before the start of the journey: 80% of travel price
  • 7 days to 1 day before the start of the journey: 90% of travel price
  • On arrival day or in case of not appearing: 90% of travel price

Of course, you always have the right to prove to us that lower costs are incurred as the cancellation fees mentioned here.
If the number of guests per room remains the same, any guest can be replaced at any time with another guest.
For other changes, if they are possible, we will incur a charge of  € 50 for changes made up to 30 days prior to the date of travel, and € 100 for all subsequent changes.

If the minimum number of participants for a journey are not reached, we may withdraw from the contract until 30 days before the start.
Payments will be refunded immediately. Further claims, especially for reimbursement of cancellation expenses already booked flights, train tickets, overnight stops etc. do not exist. We therefore recommend that you only make such reservations, if it is established that the journey is performed.

Please note: Bank transfer to foreign countries (Outside of EU / EWR and Switzerland)
If the customer cancels the journey, then we transfer the previously paid amount minus the cancellation fee as "BEN-remittance" (beneficiary pays costs)
If the Tour Operator (CleverCycling) cancel the trip as a tour operator then we transfer the previously paid amount as "SHARE-remittance" (share costs): The fees will be divided, the sender pays the fees of his bank (in Germany) , the receiver assumes the remaining (of his bank in the respective country) costs.

Liability
We are liable in line with the duty of care of a usual businessman for the conscientious planning of the holiday, the careful selection and monitoring of service providers, the correctness of the description of the services provided and the proper provision of the agreed holiday services.  Our liability for damage other than bodily damage, is limited to three times the price of the total holiday, if this damage is not caused by us directly or by gross negligence. This is also true if we are responsible for faults on the part of service providers. If we facilitate services from other companies, we are liable for this facilitation but not for the services provided or for damage caused. In case of loss of or damage to luggage, we are liable for up to €500, insofar as the damage was caused by us and this was brought to our attention without delay.  We are not liable for any small scratches on suitcases, broken handles and damaged wheels. Liability is assumed from when the luggage is loaded. After delivery to the hotel liability transfers to the hotel proprietor according to paragraph 701 of the BGB (German Civil Code).

Product Liability (Special note for customers in North America)
In Germany is a completely different product liability law. Here it is not possible to make the same astronomical claims for compensation as for example in the USA! If you hope, you can compensate your travel costs by an excessive claim for damages, then you're on the wrong track.

Cooperation
Active holiday requires more commitment than a "normal vacation". It is therefore your responsibility to determine whether you can meet the health requirements of such a journey. Is provided in cycling holidays that you have mastered a bike on the road and on dirt roads in all weathers. With the acquisition of rental bikes you have to check the status of the wheels, especially the brakes and light. You are responsible for compliance with legal regulations at home and abroad, in particular the provisions on travel documents and cross- border trade . With luggage transport the luggage must remain unlocked, to facilitate inspection by the customs. Should your luggage be searched , we will notify you at the destination of it. When performance problems you are obliged to cooperate in the framework of the statutory provisions to avoid or minimize any damage and notify us immediately of any complaints. Important Info: Please note necessarily the safety recommendations in your personal travel documents.

Duty of Care
During the duration of the trip, you are liable for damage to or loss of bicycles and you on approved equipment. For guided tours, this only applies if you have moved away from the group, disregard instructions of the tour guide or negligence, gross negligence or intent to cause harm or loss. If the tour service is not provided in the contract, you may demand redress. Prerequisite for this is the immediate notification of the defect to us or the travel agent used by us to provide us the opportunity to help.
The travel agent is not authorized to recognize claims. We can also create such a remedy that we provide equal or better replacement services. At disproportionately high cost remedy may be refused.
For the duration of the travel services not provided under contract may require You to return a price reduction. Independently of a travel price reduction You can claim damages for non-performance of the travel contract, unless we are not responsible for the lack of travel.

Statute of Limitations
Claims must be made possible to us in writing within one month of the contractual end of the trip to us, unless You were prevented innocent of meeting the deadline or is personal injury. All claims arising from the travel contract expire 1 year from the contractually agreed end of the trip, with negotiations pending cause an inhibition of the period. Tort claims barred three years after the end of the trip.

Privacy Policy
All personal information that you give us for the processing of travel are protected under federal privacy law against improper use.

Travel Insurance
We strongly recommend you a travel cancellation insurance. Please inform yourself before start also about your health and accident protection, possibly via luggage and travel liability insurance.

Severability Clause
The ineffectiveness of single regulations of the travel contract or the travel terms does not invalidate the entire contract or the travel terms result.

Place of jurisdiction
The jurisdiction is Schwarzenbruck in Bavaria / Germany.

Tour Operator
Reisedienstleistungen in Bayern
Einzelunternehmen
Gerhard Schmidt
Rosenstraße 3
D-90592 Schwarzenbruck
Tel: +49 (0) 9183 / 956 384
Fax: +49 (0) 9183 / 956 7632