An honest and transparent contractual relationship with our customers as well as a careful preparation and realization of our trips in order to make them successful for each participant, are of utmost importance to us. So please read these terms and conditions carefully. They form the basis of the travel contract with tour de sens, together with the relevant booking information. In addition to the following terms and conditions, statutory regulations apply for trips organized by tour de sens, in particular §§ 651a and subsequent sections of the German Civil Code.
1. Booking and Conclusion of the Holiday Contract
With your trip registration, which can be made through our online booking form, the traveller offers a conclusion of a travel contract. With his registration he confirms that he has read and understood the general terms and conditions, the information leaflet regarding the EU-guideline 2015/2302 and also our data protection declaration.
When receiving such registration with the respective confirmation of the acknowledgement of the above mentioned terms and conditions and information leaflets, tour de sens will send you a written booking confirmation and the dispatch of the legally required Certificate of Security, which secures all clients’ funds in case of the tour operator’s insolvency. Consequently, the travel contract between the client and tour de sens will enter into force. If a traveller includes other participants in his/her booking, he or she is liable for their contractual obligations (especially payment of the holiday price) as well as for his/her own obligations.
2. Insolvency insurance and securing of client deposits
tour de sens commits to refund the tour price to the traveller if, due to insolvency, travel services can’t take place or if the traveller is actually paying for claims to service providers, which have not been settled by tour de sens by paying for travel services. If the transportation of travellers is also included in the contract, tour de sens is obligated to grant the stipulated transportation and the accommodation until the point of transportation. Mentioned obligations are covered by the conclusion of insolvency insurance and the dispatch of Security Certificates to the traveller. Insolvency underwriter is R+V Insurance (R+V Versicherung, Raiffeisenplatz 1, 65189 Wiesbaden, Telefon: 0611 533-0, Fax: 0611 533-4500, E-Mail: ruv@ruv.de). The Security Certificates are being dispatched together with the booking confirmation to the client.
3. Registration procedure
Once the traveller has made a booking request, it will be registered and in case of availability, it will be confirmed. In case you are blind or visually impaired and travel alone, tour de sens offers the service of a 1:2 sighted assistant. This service requires the traveller to pay a supplement, which is specified in each of our travel programmes. The sighted assistant service will be subject to staff availability. In case of presenting the situation of insufficient sighted assistants, the client will be informed and may, without additional expenses, withdraw the travel contract or change his reservation for another tour de sens programme. If the client prefers to change his original reservation to the reservation of another trip, the client must pay the difference for the case of choosing a more expensive trip. In the case of a change of reservation to a less expensive travel reservation, tour de sens will proceed to refund the difference in prices.
4. Prices and supplements
The prices for our travel programmes are per person sharing a double room. In case the traveller wants to book a single room or needs a sighted assistant throughout the trip there will be an extra to be paid, which will be calculated for every trip individually.
5. Terms of Payment: Deposit and Balance
Upon receipt of the booking confirmation and the Certificate of Security, the traveller must pay a deposit of 20% of the holiday price to the bank account specified below within 14 days. The balance must be paid without any further request at the latest 30 days before the beginning of the holiday. Timeliness of payment is determined by receipt of payment to the bank account of tour de sens. Should the deposit and the balance not be received within the specified timeframe, tour de sens may withdraw from the travel contract and the traveller is no longer entitled to the delivery of travel services by tour de sens.
6. Services
Extent and type of services provided by tour de sens are specified in the holiday description the booking is based on, as well as in the details of the individual booking confirmation. If an individual tour plan is put together on customer request (e.g. Special group requests) the performance obligation arises from the respective offer and the details of the booking confirmation. Activities described as “option”, “chance” or “opportunity” in the holiday description are not included in the contractual services and their costs are not included in the price of the holiday.
7. Changes to the Services provided and Prices
Changes of individual travel services agreed upon in the travel contract that become necessary after the conclusion of the contract are only permitted if they are minor and deemed acceptable for the traveller.
tour de sens renounces the legal price increase reservations in case of an increase of the transportation costs, exchange rates or taxes and assumes the risk in this case of elevated travel expenses.
Should tour de sens be forced to considerably change substantial travel services due to a circumstance that occurred after the conclusion of the travel contract (Article 250§ Nr. 1 of the incorporation law of the German Civil Code), the traveller is entitled to withdraw from the travel contract. This also applies if tour de sens should only be able to perform the tour derogating from the traveller’s particular stipulations, which became part of the contract. Instead, the traveller may also participate in another similar trip of equal value offered by tour de sens, if the company is able to offer such a trip without surcharge.
tour de sens shall immediately notify the traveller of any possible, substantial changes to services, at the latest 20 days prior to the holiday.
8. Personal Requirements and Necessary Cooperation
The programmes and tours of tour de sens do not require any extraordinary fitness of travellers. Nevertheless, they require a certain level of physical capacity. Special physical requirements, for example concerning trekking trips, are mentioned below each travel programme. Additionally, however, all our tours do require team spirit and a cooperative attitude. The sighted assistant service will be available to all travellers who need it for guidance during the trip. The decision to book the sighted assistant service is solely and exclusively on behalf of the traveller, since he is the only one aware of his abilities and needs.
Those clients who decide to participate in a tour de sens trip without any sighted assistant (either their own or by tour de sens) commit themselves to be able to follow the group of travellers without the assistance of another group member during the trip.
9. Cancellation and Changes of Booking by the Customer
The traveller may revoke the contract before receiving the booking confirmation or cancel a booking at any time before the beginning of the holiday. A written notification of cancellation should be sent to tour de sens, in which case tour de sens is entitled to an adequate compensation As per § 651i Sentence 2 of the German Civil Code. The compensation amount is determined according to the holiday price less the value of saved disbursements and the amount tour de sens is able to gain by selling the travel services otherwise. The following charges apply when a booking with tour de sens is cancelled:
- Up to 50 days before the holiday commences
15% of the holiday price - From the 49th to the 43rd day before the holiday commences
25% of the holiday price - From the 42nd to the 36th day before the holiday commences
55% of the holiday price - From the 35th to the 29th day before the holiday commences
65% of the holiday price - From the 28th to the 15th day before the holiday commences
75% of the holiday price - From the 14th to the 7th day before the holiday commences
85% of the holiday price - From the 6th day until the holiday commences
90% of the holiday price
tour de sens can’t request compensation, when at destination or its immediate proximity unavoidable, exceptional circumstances arise, which interfere substantially in the execution of the tour. Unavoidable, exceptional circumstances exist when the persons involved do not have control over it and the consequences are unavoidable even when all reasonable precautions have been made. Among those are for example terroristic attacks, war and natural catastrophes.
Until the holiday commences, the customer may request to be replaced by a third party with regard to all of the rights and duties under the holiday contract. tour de sens may refuse to accept the third party if the latter does not meet the particular holiday requirements. If a third party enters into the contract, the customer and the third party shall be jointly liable for the cost of the holiday and for any additional costs incurred as a result of the third party entering into the contract.
Until 30 days before the holiday commences, the traveller may make changes to a booking once free of charge. Later changes to bookings shall be treated as stated in the afore-mentioned cancellation conditions. Accordingly, the existing holiday contract has to be annulled first and replaced by a new contract.
Bookings of holidays with an included flight may not be changed free of charge or replaced by a third party.
10. Cancellation of the holiday contract by the tour operator
tour de sens may withdraw from the holiday contract before the holiday commences and withdraw from the holiday contract during the holiday, if:
- The minimum number of participants stated in the holiday description has not been reached. In this case the traveller shall be notified regarding the necessary cancellation of the holiday at the latest 30 days before the holiday commences and shall receive a written declaration of cancellation from tour de sens. In this case tour de sens shall immediately refund all moneys paid, excluding any compensation claims, within 14 days. Holidays with duration of less than 2 days, can be cancelled within 48 hours before they start.
- A traveller persistently exhibits unacceptable behaviour disturbing or endangering the progress of the holiday despite a warning. In this case, tour de sens shall retain the claim to the holiday price. However, tour de sens shall refund the value of saved disbursements to the traveller, as well as any advantages gained from a different use of unused services, including any funds reimbursed by other service providers.
11. Cancellation due to unforeseeable unavoidable circumstances (Force Majeure)
Should the trip be considerably complicated or endangered due to unforeseeable unavoidable circumstances (especially acts of nature, civil unrest and war), the traveller as well as tour de sens may cancel the holiday contract at any time. There is no longer cancellation right for tour de sens when the journey has already started. tour de sens is then obliged to accommodate the traveller up to 3 nights, if necessary, in a contract adequate hotel. If the return flight is planned with an airline which falls under the EU Regulation (EG) 261/2004 (Flight Compensation Regulation), the limitation of those 3 nights falls away, because the airline has to provide accommodation for the traveller until the return transport can be effectuated, according to the EU regulations. Same applies regardless of whether: for minors or disabled people. tour de sens is obliged to take any measures becoming necessary as a result of the contract cancellation, especially arranging for the traveller to return home, if the contract includes the return journey. Additional costs for the return journey shall be beared by tour de sens.
12. Assistance obligation by the tour operator
If the traveller is in trouble/danger during the tour, tour de sens has to provide assistance in an immediate and adequate manner. Especially by supplying appropriate information about health services, local authorities and consular assistance.
As well as assistance in making remote communication calls and searching for other travel possibilities. If the traveller is responsible for the assistance needing circumstances, the tour operator has the right to request compensation for its expenditures, if and to the extent to which these are adequate and have actually incurred.
13. Claims and Remedy
tour de sens is committed to prepare and conduct the holiday in such a way that it has the properties stated in the holiday description and is not deficient. In case of deficiencies, travellers are obliged to cooperate within the legal framework to minimize or prevent possible damages. tour de sens kindly requests travellers to immediately report any complaints to the tour manager. Should a traveller fail to report deficiencies, no price reduction may be claimed.
Any claims against tour de sens arising from a holiday defect must be made at the latest within 2 years after returning from the holiday.
Should the holiday not have the properties stated or is deficient, the traveller may demand remedy. tour de sens must be allowed a reasonable period of time. For this purpose, tour de sens may refuse remedial measures, should they require disproportional effort. If this is not the case and tour de sens has not taken remedial measures within the allowed period of time, travellers may take remedial measures themselves and claim the necessary expenditures. No allowed period needs to be set, if tour de sens rejects the remedy or if any special need of the traveller requires immediate remedy.
14. Liability
The contractual liability of tour de sens for damages, which are no physical injuries, is restricted to the value of three times the holiday price, as far as damage to the traveller neither results from intentional acts nor from gross negligence or as far as tour de sens is responsible for damage to the traveller only due to the fault of a service provider. Liability of tour de sens for damages resulting from tortious acts is restricted to the value of three times the holiday price, as far as these results neither from intentional acts nor from gross negligence.
Should international agreements or statutory regulations based on them apply for a travel service provided by a service partner, according to which damages may only be claimed under certain preconditions or restrictions or are excluded under certain preconditions, tour de sens may refer the traveller to them as well.
15. Insurance
The legally required insolvency insurance is included in all tour de sens holidays. Additionally, it is strongly recommended to purchase travel cancellation insurance as well as luggage, accident and (international) health insurance policies, as these are not included in the holiday price.
16. Passport, visa and health requirements
tour de sens shall inform customers about relevant passport, visa, customs, currency and health regulations of countries to be visited. Travellers are responsible themselves for adhering to these regulations. If the customer has instructed tour de sens to apply for official documents, e.g. a visa, the company shall not be liable for the documents being issued and received on time, unless the delay is directly attributable to tour de sens.
17. Data Protection
Personal data provided by travellers to tour de sens are processed and used electronically, as far as they are required for providing contractual services and customer care. tour de sens shall collect process and use personal data only in accordance with the provisions of the EU- Data Protection Act, which entered into force on the 25th of May 2018. Please also read Data Protection Act.
18. Miscellaneous
The invalidity of certain provisions in these terms and conditions shall not render the terms and conditions or the holiday contract void as a whole. The tour operator may be sued at the location of its business. This contract shall exclusively be subject to German law.
These booking conditions are a translation of the underlying Spanish language version. In case of any ambiguity or conflict between the wording of the Spanish and the English version, the terms of the Spanish language version shall prevail.
Tour operator:
tour de sens
Laura Kutter
Executive director: Laura Kutter
Teckstraße 12
70188 Stuttgart
Germany
Phone: +49 (0) 711 88875530
Email: info@tourdesens.de
Value added tax identification number: DE310339922
Banc account details:
Empfänger: Laura Kutter
Kreditinstitut: Postbank
IBAN: DE31600100700744541704, BIC: PBNKDEFF
Status: Juni 2018
Extrajudicial Resolution
tour de sens is currently not legally required to participate at extrajudicial dispute resolutions and reserves the decision of a voluntary participation in such processes on a case-by-case basis. Under the statutory provisions it is even so to state the link to the EU commission platform for online settlement: http://ec.europa.eu/odr.