Terms and conditions

Terms and Conditions and Traveller Information Form

The following translation of our travel conditions serves solely the purposes of a better understanding. Legally, only the German version is decisive. 

If validly is agreed upon, the below terms and conditions shall be included in the Package Holiday Contract between Client and Rückenwind Reisen GmbH (“Tour Operator”) as a supplement to the statutory provisions under sec. 651 a-y BGB (Bürgerliches Gesetzbuch [German Civil Code]) and those under Art. 250 and Art. 252 EGBGB (Einführungsgesetz zum BGB [Introductory Act to the German Civil Code]). Titles in this document were added for convenience only and shall not be binding for the contents or clause interpretation.

Please note that we only provide the listed services in accordance with the legal requirements in Germany and your country of holiday. This may affect service components offered directly by us (e.g. limited pool use, menu instead of buffet), but also restrictions on entry (e.g. mandatory corona tests) as well as generally on-site (Mask duty in shops or closed sights). Your legal warranty claims remain unaffected by this.

1. The position of Rückenwind Reisen as a service intermediary
1.1. Rückenwind Reisen is tour operator of all tours that are labeled as „Original-Rückenwind-Tour“ in the section „Infobox“ on the Rückenwind website and in the Rückenwind catalogue. In case of booking such tour Rückenwind Reisen is your partner of contract. For all other tours that are offered on the Rückenwind website and in the Rückenwind catalogue and labeled as „Organized as Partner-Tour“  Rückenwind merely acts as a travel agent. 
1.2. When only services are mediated, the contract comes into existence exclusively between the customer, on the one hand, and the service provider, on the other. 
1.3. Accordingly, Rückenwind Reisen is not liable for the information provided by the contract partner concerning prices and services, for rendering these services or for damages arising from these services. 
1.4. The aforementioned provisions do not apply if – pursuant to the principles of Sec. 651a Para. 2 BGB (Bürgerliches Gesetzbuch – German Civil Code) and the relevant case law regarding the services offered and rendered for the customer – Rückenwind gives the impression that it renders the travel services provided under contract under its own responsibility. 
1.5. Fulfilling the position of intermediary specifically obliges Rückenwind Reisen to: 
a) Draw attention to the position of Rückenwind Reisen as an intermediary and state the name of the provider and contractor if a booking takes place relating to an offer to arrange a service. 
b) Separately state the price of the service arranged and any brokerage fees to be paid for the price of the package trip. 
c) Confirm to the customer the aforementioned information in the form of a booking confirmation, which details the price of the arranged service and the brokerage fees separately. 
1.6. Any liability of Rückenwind Reisen arising out of the intermediary contract remains unaffected by the aforementioned provisions.

2. Package Travel Contract Conclusion/Travellers’ Duties
a) During the booking process (travel registration), client makes a binding offer to Rückenwind Reisen GmbH to conclude a Package Travel Contract. This offer is based on the folder and/or catalogue descriptions and additional information which Tour Operator provides for the relevant travel on the condition that they are available upon booking.
b) Registrations shall apply to all clients indicated on the registration. The registrant expressly declares that he/she will be responsible for contractual duties of any clients listed on the registration.
c) Booking may occur in writing, verbally, by telephone, by fax or by electronic means (e-mail, internet).
d) The pre-contractual informations provided by the tour-operator on the essential characteristics of the travel service, the prices and all additional cots, the payment modalities, the minimum number of participants and the cancellation rate (according to article 250 § 3 Number, 1,3 to 5 and 7 EGBGB - German civil code) shall be concluded into the package travel contract only after the Tour operator confirmed this in writing (by e-mail or letter).
2.2. Travel agents (e.g. travel agencies) and service provider (e.g. hotels, tranport companies) are not allowed to make some agreements or to give some assurance which change the contact of the travel contract, on the basis of the contracutally promised.
2.3. Locations and hotel brochures, as well as internet advertisements, which are not issued by the tour operator not applicable to the tour operator and its obligation to provide services are not binding, if this is not a expicit mentioned in the agreement of the traveller. 

At or immediately after the conclusion of the contract, the tour operator give the traveller a corresponding travel confirmation on a permanent transmit data carries (which allows the traveller to keep the declarations unchanged safed as long as it is necessary for a appropriate period (e.g. on paper or by e-mail). If the traveller is not entitled to keep a travel confirmation in paper form in according to Art. 250 § 6 para. 1 sentence 2 of the ECGB, because the conclusion of the contract is at the same time physical presence of both parties or outside of the business office.
2.5. Regarding bookings based on e‑commerce (such as the internet), the following shall apply to contract conclusion:
a) Client is guided through each booking step; 
b)they will be able to correct their entries, delete or clear the entire online booking form. 
c) When clicking on “Book Now”, Client bindingly offers Tour Operator to conclude the travel contract, whereby an electronic confirmation of travel registration receipt does not represent travel contract acceptance. 
d)The contract is concluded once Client receives Tour Operator’s booking confirmation on a permanent data storage device.
e)However, the Package Travel Contract is immediately concluded based on a travel confirmation if this is displayed immediately after Client clicked on the “Book Now” button. In this case, the travel contract binding force shall not depend on Client saving or printing such travel confirmation or on them receiving this by letter.
f) Any Tour Operator travel confirmations deviating from registration contents shall be considered a new offer from Tour Operator to which they are bound for ten (10) days from confirmation receipt. g)A travel contract shall be concluded based on the new offer if Client expressly and conclusively agrees to this or if they make any partial payments within that period.
h)The transmission of the booking by pressing the button does not give rise to any entitlement of the traveller to the conclusion of a contract. The contract can only be concluded if the Tour operator confirmation is received by the traveller on a permanent medium. If the travel confirmation is obtained immediatly after pressing the button „Book with a payment obligations“ by displaying the travel confirmation on the screen, the package travel contract is concluded with dispay of the travel confirmation. In this case, no interim notification of the receipt of the booking referred to in point i) above is required, provided that the traveller is offered the option of storing it on a durable medium and of printing the travel confirmation. However, the liability of the package travel agreement does not depend on whether the traveller actually makes use of these options for storage or expression.
2.6. Tour Operator points out that the law does not provide for a cancellation right regarding distance-selling (by letter, telephone, e‑mail, telemedia or online services) package travel contracts, but only for a right to withdrawal and termination (see also item 5). A cancellation right exists, however, if contracts for travel services in terms of sec. 651a BGB were concluded outside business premises, unless negotiations on which contract conclusion is based were previously requested by Client; in the latter case, there is no cancellation right.

3. Payment
a) Tour Operator and travel agencies may request and accept payments prior to the end of the travel only if Client is given a secured payment certificate. After contract conclusion, Client must make an advance payment –against the issuance of a secured payment certificate – of 20% of the travel price at once from invoice receipt. The remaining amount shall be due 28 days prior to departure if the secured payment certificate was issued and if the travel can no longer be cancelled for the reason indicated under item 8a. In the case of international wire transfers, the total amount must be paid to Tour Operator’s account without additional expenses for them.
b) Should Client fail to make timely payments, Tour Operator may, after reminders without success and a grace period, withdraw from the travel contract and request cancellation costs in terms of item 6. Tour Operator reserves the right to charge on to Client any additional costs (such as bank fees) due to failed or incomplete payments.

4. Services and Prices
The scope of contract services is exclusively based on booking confirmations in connection with the catalogue, folder and/or travel descriptions valid at the time of booking, including remarks and explanations therein; travel confirmations shall prevail in the case of contradictions.
b) Tour Operator reserves the right to make changes to catalogue or folder information and/or travel descriptions for justified reasons, whereby Client must be informed about this.

5. Changes to Services
a) Changes to and deviations of single travel services from travel contract contents required after contract conclusion, such as due to special navigation situations, excluding those caused by Tour Operator in bad faith, shall be admissible unless significant, leading to significant changes of travel services and interfering with the overall travel structure. Any warranty claims shall not be affected to the extent to which service changes are defective. Tour Operator must immediately inform Client about travel service changes in a clear, comprehensive and highlighted way on a permanent data storage device.
b) In the event of significant changes to travel services, Client may withdraw from the travel contract without incurring any costs, whereby they must exercise this right within a reasonable period and/or immediately after being informed about any changes. Client has a right, but no obligation, to react to such information letter. Should Client respond to Tour Operator, they may agree to contract amendments, request participation in replacement travels (if offered to Client) or withdraw from the contract without any costs. If Client reacts not at all or not during legally prescribed period, the indicated changes shall be considered accepted.

6. Withdrawal by Client
a) Client has the right, prior to departure, to withdraw from the travel by making a declaration to Tour Operator. If travel agencies were involved in the booking process, such declarations may also be made to them. We recommend making written declarations which shall become effective once received by Tour Operator.
b) Should Client withdraw prior to departure or fails to begin the journey , Tour Operator may request reasonable compensation, unless Tour Operator is liable for such withdrawal or unless special circumstances at the destination or places in the immediate vicinity considerably interfere with the journey. Circumstances shall be considered unavoidable and special if beyond Tour Operator’s control and if their consequences could not have been avoided even if all reasonable precautionary measures had been taken. Compensation shall depend on the travel price, less the amount of saved expenses for Tour Operator and income from using travel services in any other way. Tour Operator determined the below lump-sum compensation considering the period between the withdrawal and departure and considering expected saved expenses and income from using travel services in other ways. Compensation shall be calculated based on the below withdrawal scale after a declaration of withdrawal was received:

a) Cancellation terms for bicycle tours
until 28 days before start                         20%*
27 to 14 days before start                        30%
13 to 8 days before start                          50%
7 to 4 days before start                            70%
3 days before start and „No-show“          90%

*of the travel price (*not less than € 50,-)
 
b) Cancellation term for bike & barge**
until 84 days before start                     20%**
83 to 42 days before start                    30%
41 to 28 days before start                    60%
27 to 4 days before start                       80%
3 days before start and „No-show“       90%

*of the travel price (**but not less than € 50,-)

c) Client shall have the right to show to Tour Operator that reasonable compensation which the latter may request is lower than lump-sum compensation requested by them.
d) Instead of the above lump-sum compensation, Tour Operator reserves the right to request higher, individually calculated compensation if they show that they incurred significantly higher expenses than the relevant lump-sum compensation amount. In this case, Tour Operator must indicate the exact amount considering saved expenses and income from using the services in other ways and they must provide reasons.
e) Premiums for travel insurance contracts concluded via Tour Operator must be paid in full in addition to lump-sum compensation.
f) Client’s legal right in terms of sec. 651e BGB to name substitute participants shall not be affected by the above.

7. Booking Alterations
a) After contract conclusion, Client may not request travel times, destinations, places of departure, accommodations or types of transport to be changed (booking alterations). If, upon Client’s request, but without changing the overall structure, bookings are altered not later than 45 days prior to departure, service lump sums of EUR 50.00 must be paid by each traveller requesting alterations.
b) Client’s requests for alterations submitted to Tour Operator later than 50 days prior to departure shall be possible only through cancellation subject to charges in terms of item 5 (Withdrawal by Client) and subsequent new booking.

8. Unused Services
Should Client not use services which Tour Operator was ready and able to contractually perform for reasons within Client’s control, they shall have no claim for pro-rata travel price reimbursements. Tour Operator shall try and make service providers reimburse any expenses which they saved, whereby this is not required if such expenses are insignificant.

9. Withdrawal and Cancellation by Tour Operator
The tour operator may only withdraw from the package travel contract because the minimum number of participants is not reached if he:
(a) in the respective pre-contractual information the minimum number of participants and the date by which the declaration must have been received by the traveller at the latest before the contractually agreed start of the journey has been specified; and
b) indicate in the travel confirmation the minimum number of participants and the latest withdrawal period. A cancellation must be declared to the traveller at the latest on the day (up to 28 days before the date of departure) indicated to the traveller in the pre-contractual information and the travel confirmation. If it is already apparent at an earlier stage that the minimum number of participants cannot be reached, the tour operator must immediately exercise its right of withdrawal. 
9.1 If the trip is not carried out for this reason, the tour operator must immediately, but in any case within 14 days of receipt of the cancellation declaration, refund the traveller’s payments on the travel price.

10. Client’s Duty to Cooperate; Warranty; Cancellation by Client
a) Defect Notification
If travel is performed contrary to the contract, Client may request rectification.
Client must notify Tour Operator’s travel guides of such defects without undue delay; should there be no such guides, they must inform the service-hotline and/or Tour Operator at their registered office. Travel guides are requested to rectify defects if possible, whereby they may not acknowledge any claims. Should Tour Operator be unable to rectify defects due to Client culpably failing to notify them, Client may assert neither price reduction claims in terms of sec. 651m BGB nor damages in terms of sec. 651n BGB.
b) Tour Operator may refuse rectification if this requires unreasonable efforts. However, they may also rectify by rendering equivalent substitute services, such as using other travelling along other routes.
c) Time Limits Prior to Cancellation
If Client intends to cancel the travel contract due to defects, they must previously grant Tour Operator a reasonable grace period for rectification. Should rectification fail within that reasonable period, Client may cancel the travel contract – preferably in writing – based on legal provisions. This shall also apply if Client cannot be expected to participate in the journey due to a defect and for reasons clearly understandable for Tour Operator. No time limit for rectification shall be required if rectification is impossible or if Client’s special interests justify immediate contract cancellation.
d) Travel Documents
Client must inform Tour Operator if they do not receive required travel documents (such as vouchers) within the period indicated by Tour Operator.

11. Limitation of Liability
11.1) The client is responsible for compliance  with the road traffic regulations and the serviceability of his own bike. The contracutal liability of the tour operator for damages that are not bodily damage and have not been caused culpably is limited to three times the travel price. The limitation shall be without prejudice to any claims that may go beyond those contained in international agreemtns or in such statutory provisions.
11.2) Tour Operator’s contractual liability for damage not resulting from injuries to life, limb or health and not caused in a culpable manner shall be limited to three times the travel price. Any additional claims due to international conventions shall not be affected by this limitation.
b) Tour Operator shall not be liable for defaults, personal and property damage related to services which they only brokered as third-party services (such as outings, visits to theatres) if travel descriptions and confirmations, expressly and by stating both the contract partners’ identities and addresses, indicate them as third-party services in a clear way so that Client understands that they are not included in the package and that they were separately selected. However, Tour Operator shall be liable if and to the extent that damage incurred by travellers is based on violations of their information and organisation duties.

12. RÜCKENWIND REISEN GMBH is liable for any damage or loss of luggage if the damage or loss was caused by us and was reported to us immediately after occurrence. We recommend taking out a Luggage-Travel-Insurance or a Travel-Safety-Package to cover the risks. The restrictions of liability include all tours for which RUECKENWIND REISEN GMBH is acting as travel agent.
Liability is excluded for: 
* any objects usually not transported in luggage 
* any means of payment 
* optical damage of handles and rollers 
* any damage for luggage exceeding a weight of 20 kg 
Transportation of customer bicycles basically is possible during transfers as well as during the tour. The customer accepts full risk. The bicycle trailers are customised to fit the bicycles of the tour operator. Any other bicycles might be subject to small damages (e.g. lacquer). RÜCKENWIND REISEN GMBH can not be held liable for any damage during the tour. This limitation of liability also applies for partner tours and services of third parties.

13. Claims Exclusion, Limitation and Assignment
a) Claims under sec. 651i BGB must be asserted against Tour Operator or the travel agency which made the booking, whereby assertion on a permanent data storage device is recommended. Client’s claims due to travel defects shall become time-barred after two years and the limitation period shall commence on the day following the end of the travel.
b) Should any negotiations be pending between Client and Tour Operator concerning claims or circumstances as the basis of a claim, limitation shall be suspended until Client or Tour Operator refuse to continue negotiations; limitation shall occur not earlier than three months from the end of suspension.
c) Client shall have no right to totally or partially assign to third parties claims against Tour Operator without Tour Operator’s approval; this shall not apply to co-travelling family members.

14. Passport, Visa and Health Provisions
a) Client must comply with all laws, regulations, instructions and provisions from countries and ports to which they travel as well as any rules and instructions from Tour Operator and/or their authorised staff.
b) Prior to contract conclusion, Tour Operator shall inform EU citizens to whom no special regulations apply (such as dual citizenship, statelessness, passport entries, refugee identification cards) about general passport and health provisions and about possible changes prior to departure. Other citizens and those having dual citizenship must refer to the consulate in charge.
c) Client shall be responsible for obtaining and carrying travel documents requested by authorities, any required vaccinations and compliance with customs and foreign currency provisions. Any disadvantages due to of non-compliance shall be at the expense of Client, unless Tour Operator causes them in a culpable manner due to providing wrong or insufficient information.

15. Miscellaneous
1. All rights reserved to change prices and services, as well as to correct mistakes and printing errors. 
2. If a single regulation of the travel agreement is inoperative, this does not result in inoperativeness of the whole agreement. 

16. Legal domicile / applicable law
1. The Conditions of Travel are subject to German law. 
2. The customer can sue RÜCKENWIND REISEN GMBH only at its headquarters. 
3. The customer‘s place of residence is decisive for the tour operator‘s suits against the customer, unless the suit is directed against entrepreneurs or persons that do not have a general legal domicile in Germany. In this case the tour operator‘s place of headquarters is decisive.

17. Daily description
The itinerary of the tours may change if local circumstances required (eg weather, changed opening hours, changed timetables). Decisive is then the program announced on the lecture.

18. Travel Restrictions Applicable to Persons with Reduced Mobility
a) Bike and ship journeys are not suitable for persons with reduced mobility.
b) Bike tours and tour with boat and bike are not suitable for persons with reduced mobility. 

19. Brokerage of Third-Party Services
a) Via Tour Operator, Client can purchase train tickets at special conditions not tied to specific trains as a part of an Rückenwind Reisen GmbH journey. In this case, Tour Operator is only the broker and not liable for any train delays or cancellations.
b) When booking other third-party services, such as insurance contracts, not included in our services description, Tour Operator shall be liable only for brokering such third-party services, but not for rendering the services themselves; the relevant contract partners’ general terms and conditions and cancellation conditions shall apply.

20. Duties of Care with Bike tours Journeys
a) Only if you disregard the travel guides’ instructions as to the use and the protection of items or if you act in a (grossly) negligent or intentional manner causing the damage or the loss shall you be liable for any damage to or the loss of bicycles and equipment provided to you.
b) Client shall be personally responsible for complying with traffic rules.

21. Insurance
We recommend purchasing overseas health insurance including return transport, accident, luggage and cancellation insurance.

22. Information on the Verbraucherstreitbeilegungsgesetz (VSBG [German Act on Alternative Dispute Resolution in Consumer Matters])/Venue
a) With regard to the German Act on Alternative Dispute Resolution in Consumer Matters, Tour Operator points out that they do not participate in ADR proceedings. If such proceedings become compulsory after these Terms and Conditions of Travel went to press, Tour Operator shall adequately inform Client about this. Regarding any travel contracts based on electronic legal transactions, Tour Operator refers to the EU online dispute resolution platform at http://ec.europa.eu/consumers/odr/.
b) German law shall apply. Client may bring charges against Tour Operator only at the latter’s registered office. The courts of Oldenburg shall be the venue for general merchants, persons not having a general venue in Germany, persons transferring their place of residence or their habitual abode to other countries after contractual conclusion, persons whose place of residence or habitual abode is unknown at the time of filing the complaint and for litigations as a defendant. However, this shall not apply if prevailing international conventions provide otherwise.

23. Final provisions
The ineffectiveness of individual provisions of the General Travel Conditions does not result in the ineffectiveness of the complete travel conditions or the entire travel contract. 

24. Data protection declaration
24. 1 Data protection by Rückenwind Reisen: The processing of personal data of the client or its affected employees by Rückenwind Reisen GmbH for the purpose of fulfilling the contract is based on the customer’s voluntary consent (e. g. in the case of special categories of personal data, the existing contractual relationship and legal provisions. There is no obligation to grant consent  (e. g. in the case of special categories of personal data) and at the conclusion of the contract. The refusal to grant the consent or the failure to conclude the contract would, however, mean that the contract could not be taken over.
24. 2. Further processing: The further processing of the data by Rückenwind Reisen GmbH for the purpose of direct marketing takes place in forms that do not require consent, such as the addressed postal dispatch of advertising, which must be compatible with the purpose of fulfilling the contract. Further processing for the purpose of direct marketing in forms subject to consent, such as the electronic sending of advertisements or the posting of personal advertisements, takes place only on the basis of additional voluntary consent from the client. There is no obligation to grant consent. Failure to grant consent would only result in the contracting entity not receiving advertising in forms subject to consent.
24.3. Disclosure: All data are subject to the agreed or agreed terms. legal obligation to secrecy and the protection of personal data. The data of the client shall be passed on, except for the transmission to typical recipients such as banks, tax consultants, lawyers, shipping service providers, etc. only on the basis of a legal basis or in consultation with the client. 
24.4. Worldwide processing: The client agrees to the worldwide processing of his data, in particular for the purpose of remote access by Rückenwind Reisen GmbH for the purpose of order-related processing operations, e. g. e. g. in emergencies during business trips of Rückenwind Reisen GmbH, one. 
24. 5. Storage period: The data of the client are stored for the purpose of documentation and the fulfilment of legal obligations up to a maximum of thirty years after the conclusion of the contracts.
24. 6. Right of withdrawal: The customer has the right to revoke his consent at any time. In the case of the written grant of consent, the withdrawal can only take place in writing, in the case of consent to the receipt of electronic advertising, this may also be done by clicking on the unsubscribe link. In this case, the processing is discontinued unless there is another legal basis. The lawfulness of the data processed until the revocation is not affected by the revocation. 
24.7. Right to object: The client has the right to object to the processing of his personal data for the purpose of direct marketing. In the event of an objection, your personal data will no longer be processed for the purpose of direct marketing.
24. 8. Rights concerned: The contracting authority or whose employees concerned have the right of access, correction and deletion of their personal data, the right to limit data processing, the right of data transferability and the right to complain to the data protection authority (Datenschutzbehörde, Husarenstraße 30, D-53117 Bonn, Tel: +49 (0)228 997799 - 0)

Client Money Hedging Company
Touristik-Versicherungs-Service GmbH, Borsteler Chaussee 51, 22453 Hamburg.
 
Operator
Rückenwind Reisen GmbH
Am Patentbusch 14
26125 OLDENBURG
GERMANY

Tel.: +49 (0)441 485 97 -0
info@rueckenwind.de
 
Managing director: Andreas Bunge
District Court of Oldenburg
HRB 2720
VAT-ID-no. DE 117484681