General travel conditions of RGV gGmbH
1. Scope
These general travel conditions apply to all offers of RGV gGmbH ("RGV"), which are marked on the website as "Adventure and Trips" offers and in which several different travel services are offered. They apply between the traveler as a participating person (“TP”) and RGV. The general travel conditions do not apply to voluntary work, internships abroad or sabbaticals, but only to package tours booked for tourist purposes.
2. Registration for the trip and conclusion of the contract
2.1 With the travel registration, the TP offers the conclusion of a package travel contract on the basis of the travel description on the RGV website for the relevant travel offer and on the basis of these general travel conditions. Registration can be made verbally, by telephone, in writing, by fax or electronically. It is also carried out by the TP for all persons listed in the registration, for whose contractual obligations the TP is liable as for its own obligations, provided that it has accepted this obligation through an express and separate declaration.
2.2 The travel contract comes into effect when RGV accepts the registration, about which RGV informs the TP in the travel confirmation. In any case, the travel confirmation will be handed over to you as a confirmation of the contract on a durable medium (e.g. as an attachment to an e-mail), even if the contract has been accepted verbally (only in the case of Art. 250 § 6 Para. 1 Sentence 2 EGBGB in paper form). If the content of the travel confirmation deviates from the content of the registration, a new offer is available in compliance with RGV's pre-contractual information obligations, to which RGV is bound for 14 days. Within this period, the TP can accept the new offer expressly or conclusively (e.g. by making a down payment) and the contract is concluded with the content of the new offer.
2.3 For all online bookings for the conclusion of the contract: The online booking process is explained to the TP in the booking process on the RGV website. As part of the booking process, the TP can change, correct or reset their details at any time. A corresponding correction option is also available for resetting the entire online booking form, the use of which will be explained. By clicking, the TP gets to a page where they can enter their data and then select the payment method. If the TP wants to cancel the booking process completely, they can simply close the browser window. Otherwise, she can complete the booking registration.
By pressing the button or the button "Book with obligation to pay", the TP submits its booking order in a legally binding manner, so that a fee arises. After that, no changes can be made to the personal details or personal data of the TP. The TP must therefore ensure before submitting its booking order that it has correctly entered all information, names and details such as the e-mail address, (mobile) telephone number or payment data. The customer usually receives an electronic confirmation of receipt of the receipt of their booking order, which does not yet represent acceptance of the contract. Contract languages are specified, whereby only the German language is decisive.
3. pay
3.1 After receipt of the travel confirmation and the security note, a deposit of 20% of the travel price is due and payable within 7 days of the invoice date. The deposit will be deducted from the total price.
3.2 The remainder of the total price is due no later than 21 days before the contractual start of the trip and must be paid when it is certain that the trip will take place, in particular that RGV can no longer be canceled according to Section 8.1 and must have been received by RGV without being asked.
3.3 If payments due for the travel price are not made or not made on time despite a reminder and a reasonable deadline for payment, RGV is entitled to withdraw from the contract and to charge the TP with cancellation costs in accordance with Section 6.2.
4. Services
4.1 The contractually owed services of RGV result exclusively from the content of the booking confirmation in connection with the travel description of RGV applicable to the trip in question on the website.
4.2 Travel agents are not authorized by RGV to make agreements or to make assurances that change the agreed content of the package travel contract, go beyond the travel description or the contractually promised services by RGV or contradict them. Service providers (e.g. seminar houses, agencies, hotels, transport companies, speakers, etc.) and travel agencies are not authorized by RGV to give assurances or to make agreements that go beyond or contradict the travel description or travel confirmation from RGV or change the confirmed content of the travel contract.
5. Price and contract changes after the conclusion of the contract
5.1 RGV reserves the right to subsequently increase the travel price unilaterally if the increase in the travel price is a direct result of an increase in the price for the carriage of persons 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 fees, or c) a change in the exchange rates applicable to the package tour in question. In the cases mentioned, the travel price will be changed to the extent that the increase in the factors mentioned in a) to c) per person affects the travel price. If this is the case, RGV will inform the TP immediately on a durable medium (e.g. by e-mail) of the price increase and the reasons for it in a clear and comprehensible manner and will also inform the TP about the calculation of the price increase. A price increase is only effective if it meets the requirements stated in this paragraph and the TP is informed no later than 20 days before the start of the trip. A price increase that is requested from the 20th day before the agreed departure date is ineffective. The organizer's obligation to reduce prices according to Section 5.2 is expressly pointed out.
5.2 Since Section 5.1 provides for the possibility of an increase in the travel price, the TP can demand a reduction in the travel price if and to the extent that the factors mentioned in Section 5.1 under a) to c) have changed after the conclusion of the contract and before the start of the trip and this at lower rates costs of RGV leads. If the TP has paid more than the amount owed hereafter, the excess amount must be reimbursed by RGV. RGV may deduct the administrative costs actually incurred from the additional amount to be reimbursed and must prove to the TP, upon request, the amount of administrative expenses incurred.
5.3 RGV reserves the right to unilaterally change contractual conditions other than the travel price after the conclusion of the contract if the changes are insignificant and are not brought about in bad faith (e.g. flight time changes of up to 3 hours, appropriate and reasonable route changes). The TP must inform RGV of this in a clear, understandable and highlighted manner on a durable medium (e.g. by e-mail) immediately after becoming aware of the reason for the change. The change is only effective if it meets these requirements and is explained before the start of the trip.
5.4 Significant price and contract changes: If the price increase reserved in Section 5.1 exceeds 8% of the travel price, RGV cannot make it unilaterally. However, RGV can offer the TP a corresponding price increase and demand that it declare its withdrawal from the contract within a period set by RGV. The offer for a price increase can be made no later than 20 days before the start of the trip. If RGV can only provide the trip due to a circumstance that occurred after the conclusion of the contract with a significant change in one of the essential characteristics of the travel services (Art. 250 § 3 No. 1 EGBGB) or only with a deviation from special specifications of the TP that have become part of the contract, sentence 2 of this clause 5.4 applies accordingly, i.e. RGV can offer the TP the corresponding other contract change and demand that the TP within a period specified by RGV, which must be reasonable, (1) accept the offer to change the contract or (2) declared their withdrawal from the contract. The offer for such other contract changes cannot be made after the start of the trip.
5.5 RGV can also offer the TP in its offer for a price increase or other contract change according to Section 5.4 the option of participating in another package tour (replacement trip), about which RGV has to inform the TP according to Art. 250 § 10 EGBGB.
5.6 After the expiry of a period specified by RGV according to Section 5.4, the offer for a price increase or other contract change is deemed to have been accepted.
5.7 If the TP withdraws from the contract in accordance with Section 5.4, Section 651h Paragraph 1 Sentence 2 and Paragraph 5 BGB shall apply accordingly. Claims of the TP according to § 651i Abs. 3 Nr. 7 BGB remain unaffected.
6. Withdrawal by the TP, rebooking, substitutes
6.1 The TP can withdraw from the contract at any time before the start of the journey. The receipt of the declaration of withdrawal by RGV is decisive. It is recommended to declare the withdrawal in writing or in text form (e.g. by e-mail).
6.2 If the TP withdraws, RGV loses the right to the agreed travel price, but can demand reasonable compensation. For this purpose, RGV has set the following compensation flat rates, which are based on the period between the declaration of cancellation and the start of the trip, the expected savings in expenses from RGV and the expected purchase through other use of the travel services as a percentage of the travel price, depending on the time of cancellation of the TP, such as determine the following:
up to 60 days before departure: 20% of the travel price
from 59 to 22 days before departure: 30% of the travel price
from 21 to 15 days before departure: 45% of the travel price
from 14 to 7 days before departure: 60% of the travel price
from the 6th day before departure
/ if you do not show up: 90% of the travel price
The TP is always free to prove that RGV has not suffered any damage at all or has suffered only a significantly lower amount than the flat rate charged. RGV reserves the right to demand a higher, specifically calculated compensation in deviation from the previously listed flat rates and will specifically quantify and document this, taking into account the expenses saved and any other use of the travel services.
6.3 RGV recommends taking out travel cancellation insurance and insurance to cover repatriation costs in the event of an accident or illness.
6.4 The TP has no legal claim to rebookings (changes to the travel date, travel destination, place of departure, accommodation or mode of transport). If, at the request of the TP, rebookings are nevertheless made after the trip has been booked, RGV can charge a rebooking fee of € 22 per rebooking process up to the 50,00nd day before the start of the trip. After that, changes are only possible after prior cancellation of the travel contract and simultaneous re-registration under the conditions specified in Sections 6.2 and 6.3. The TP is at liberty to prove that no damage or only less damage than €50,00 was incurred during the rebooking.
6.5 If the TP is unable to start the trip, it can declare within a reasonable period of time before the start of the trip on a durable medium (e.g. by e-mail) that a third party will take over the rights and obligations arising from the travel contract instead of it. In any case, the declaration is timely if it is received by RGV no later than seven days before the start of the trip. RGV can object to the entry of the third party if this third party does not fulfill the contractual travel requirements. If a third party enters into the contract, he and TP are jointly and severally liable to RGV for the travel price and the additional costs incurred through the entry of the third party. RGV may only request reimbursement of additional costs if and to the extent that they are reasonable and actually incurred. RGV must provide the TP with proof of the amount of additional costs incurred due to the entry of the third party.
7. Unused services
If the TP does not use individual travel services that RGV has duly offered to it due to early return, illness or other reasons for which the TP is solely responsible, there is no entitlement to a pro rata refund of the travel price.
8. Withdrawal and Termination by RGV
8.1 RGV can withdraw from the contract up to 21 days before the agreed start of the trip if the minimum number of participants has not been reached and cancel the trip if it states this number in the respective pre-contractual information and the time by which the TP received the declaration of withdrawal before the contractually agreed start of the trip at the latest must be, and states this number and the latest cancellation period again in the travel confirmation.
8.2 If the TP continues to be disruptive despite a corresponding warning from RGV, or if it behaves in breach of contract to such an extent that it is unreasonable to continue the contractual relationship with it until the agreed termination or the expiry of a period of notice, or otherwise seriously breaches the contract, RGV may, without observing a deadline cancel the travel contract. RGV retains the right to the travel price less the value of saved expenses and any reimbursements made by service providers or similar advantages that it obtains from the other use of the unused service. Any additional costs for the return transport are borne by the disruptor himself.
9. Obligations of the TP
9.1 The TP must inform RGV immediately if the required travel documents have not been received by 8 days before the start of the trip or within the period specified by RGV, or if their documents or flight tickets contain incorrect information, e.g. with regard to personal data.
9.2 The TP is obliged to cooperate in the event of disruptions to performance within the framework of the statutory provisions, to avoid any damage or to keep it to a minimum.
9.3 The TP must ensure that it arrives at the place of departure in good time, especially if it travels to the airport itself on flights it has booked itself. In the case of the latter, the TP must be at the airport at least three hours before departure in order to be able to pass check-in, security checks and, if necessary, health checks in good time.
10. Further obligations of the TP, remedy by RGV
10.1 The TP must report any defects immediately and request a remedy within a reasonable period of time. This can be done with the tour guide or at the address/telephone number given below. Insofar as RGV was unable to remedy the situation as a result of a culpable omission of the notification according to sentence 1, the TP is not entitled to assert the rights specified in § 651m BGB or to demand damages according to § 651n BGB. If the TP demands a remedy, RGV must remedy the travel deficiency. RGV can only refuse to remedy the situation if it is impossible or involves disproportionate costs, taking into account the extent of the travel deficiency and the value of the travel service concerned. RGV can remedy the situation by providing a substitute service of equal or higher value. If RGV can refuse to remedy the defect and the defect affects a significant part of the travel services, RGV must offer remedy through appropriate replacement services.
10.2 If a trip is significantly impaired as a result of a defect, the TP can terminate the contract. Termination is only permissible if RGV has allowed a reasonable period set by TP to elapse without remedying the situation. It is only not necessary to set a deadline if RGV refuses to remedy the situation or if immediate remedy is necessary. If the contract is terminated by the TP, RGV retains the right to the agreed travel price with regard to the travel services rendered and those still to be rendered at the end of the trip; Claims of the TP according to § 651i Para. 3 No. 6 and 7 BGB remain unaffected.
11. Passport and visa requirements, health regulations
11.1 RGV informs each TP about passport and visa requirements and health formalities (e.g. vaccinations required by the police, certificates, proof of health, e.g. required Covid-19 tests or proof of vaccination and health) of the destination country, which are necessary for the journey and required for the stay, including approximate time limits for obtaining visas.
11.2 The TP is responsible for compliance with all regulations important for the implementation of the trip. Any disadvantages arising from non-compliance with these regulations, e.g. B. the payment of cancellation costs, are at his expense, except if they are caused by culpable misinformation or non-information by RGV.
11.3 In addition to the information provided by RGV, the TP should inform themselves in good time about infection and vaccination protection as well as other prophylactic measures and, if necessary, seek medical advice on thrombosis and other health risks. Reference is made to general information, in particular from the health authorities, doctors experienced in travel medicine, tropical medicine (e.g. website of the Bernhard Nocht Institute in Hamburg), travel medicine information services or the Federal Center for Health Education (independent of 11.1).
12. Liability and Limitation of Liability
The contractual liability of RGV for damage that is not bodily harm and is not culpably caused is limited to three times the travel price. The limitations of liability mentioned do not apply to claims based on the Montreal Convention.
13. Data Protection and Objection Rights of TP
13.1 RGV informs TP about the processing of their personal data in the data protection declaration on the website and in the data protection notice when contacting them. RGV complies with the provisions of the BDSG and the GDPR when processing personal data. Personal data is all data that relates to a person personally and identifies them (e.g. name, address, e-mail address). This data is processed insofar as it is necessary for the appropriate processing of the request or booking request from the TP, for the implementation of pre-contractual measures or for the fulfillment of the contract from the travel contract. Data processing is permitted for the stated purposes in accordance with Article 6 Paragraph 1 Sentence 1 Letter b GDPR.
The data will not be passed on to unauthorized third parties without the express consent of TP. TP has the option at any time to call up its stored personal data, to request information about it, to have it changed, corrected or deleted, to have its processing restricted, to object to its processing, to have it transferred or to complain to a supervisory authority about the to complain about processing (all rights under Art. 15 to 20 GDPR).
The data will be deleted when they are no longer required for the fulfillment of the contract or when their storage is prohibited by law. If personal data is processed on the basis of legitimate interests pursuant to Article 6 Paragraph 1 Clause 1 Letter f GDPR, TP has the right to object to the processing of the personal data pursuant to Article 21 GDPR, provided there are reasons for this exist which arise from their particular situation. The TP can be found at the address info@rainbowgardenvillage.com exercise their right to object by sending an email or by contacting RGV at the address below.
13.2 With a message to info@rainbowgardenvillage.com the TP can also object to the use or processing of their data for advertising, market or opinion research purposes or for marketing purposes at any time and free of charge.
14. Information on the non-existence of a right of withdrawal
RGV points out that according to § 312g Abs. 2 Nr. 9 BGB there is no right of withdrawal for the package tours offered in distance selling (on the website), but only the statutory rights of withdrawal and termination apply. This means that the TP cannot revoke the declaration of intent made when booking online, but this is binding. It is always possible to withdraw from the travel contract on the basis of the General Travel Conditions (see Section 6). A right of withdrawal only exists if the contract for travel services according to § 651a BGB has been concluded outside of business premises after oral negotiations (not: Internet booking), unless the oral negotiations on which the conclusion of the contract is based are based on a previous order by the consumer been.
15. Miscellaneous, Notices Dispute Resolution
15.1 German law applies exclusively to the entire contractual and legal relationship between TP and RGV. Insofar as the TP is a merchant or a legal entity under private or public law or a person who has their domicile or habitual abode abroad, or whose domicile or habitual abode is not known at the time the action is filed, the place of jurisdiction is the registered office of RGV .
15.2 The invalidity of individual provisions of these general travel conditions does not result in the invalidity of the entire travel contract.
15.3 The European Commission provides an online dispute resolution platform for the out-of-court settlement of consumer disputes for travel contracts concluded in electronic legal transactions, which the TP is subject to
https://ec.europa.eu/consumers/odr finds. RGV does not participate in dispute resolution before a consumer arbitration board and is not obliged to participate in such procedures. There is no internal complaints procedure.
Veranstalter:
RGV gGmbH, Rosenkavalierplatz 18, 81925 Munich, Tel.: (089) 454 537 93, email: info@rainbowgardenvillage.com Website: www.rainbowgardenvillage.com, emergency number for trips in the travel documents, VAT ID according to § 27a UStG: DE 288496462, essential features of the service: travel organization, tour operator liability insurance: R+V Versicherung, Raiffeisenplatz 1, 65189 Wiesbaden, telephone: 0611 533-0, E-mail: ruv@ruv.de. Territorial scope of insurance: worldwide. German law applies to the travel contract.
