1. CONCLUDING A TRAVEL AGREEMENT
1.1 The following applies to all booking channels: This offer is based on the travel advertisement and the supplementary information from Mir Tours for the respective trip, provided that this is available to you when you book.
1.2 The following applies to bookings made orally, by telephone, in writing, by e-mail, SMS or fax:
a) With the booking (travel registration) you offer us the conclusion of the package travel contract.
b) You are responsible for all contractual obligations of travellers for whom you make the booking, as for your own, insofar as you have accepted this obligation by express and separate declaration.
1.3. The tour participants travel with their own outfit (tow-car and caravan) or camping car. This requires a valid safe-conduct pass (for home and abroad) for each participating vehicle. The insurance must include the caravan. For travelling abroad, an insurance is required, the green card. For travelling in Non-EU European areas (where the insurance green card is not valid), an extension of the insurance coverage must be requested and evidence of proof is to be offered when entering the respective countries. The vehicles must be in good technical condition and all the participants should be capable of managing the requirements regarding their stamina.
1.4. All bookings are accepted according to the date of receipt, although require our confirmation in writing. The travel agreement is concluded with our approval (booking confirmation).
1.5. Upon conclusion of the contract, or immediately after the conclusion of the contract, we will send you a travel confirmation in accordance with the legal requirements on a permanent data carrier (which enables you to keep the declaration unchanged or to save it so that it is accessible to you within a reasonable period of time, e.g. on paper).
1.6. If the contents of the travel confirmation differ from your booking, then we did not accept your application. Our changed offer is valid for 10 days. The contract is concluded on the basis of this new offer, provided that we have pointed out the change with regard to the new offer and have fulfilled our pre-contractual information obligations and you declare your acceptance by express declaration or deposit within the binding period.
1.7. The pre-contractual information given by us about 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 (according to Article 250 § 3 Nos. 1, 3 to 5 and 7 EGBGB) are only then not part of the Package travel contract, provided this is expressly agreed between the parties.
1.8. For long-term advance bookings for tours still not published in a valid catalogue, the particulars from the actually valid catalogue (e.g. tours, dates, services, prices, as well as terms of travel and payment) are not binding. In this respect, your booking is not binding but rather optional.
2. RIGHT OF WITHDRAWAL
2.1 We point out that according to the legal regulations (§§ 312 Abs. 7, 312g Abs. 2 Satz 1 Nr. 9 BGB) for package travel contracts according to § 651a and § 651c BGB that were concluded at a distance (letters, catalogues, telephone calls, Faxes, e-mails, short messages sent via mobile communications (SMS) as well as radio, tele media and online services), there is no right of revocation, but only the statutory rights of withdrawal and termination, in particular the right of withdrawal according to Section 651h BGB (see also section 5). However, a right of revocation exists if the contract for travel services according to § 651a BGB has been concluded outside of business premises, unless the oral negotiations on which the conclusion of the contract is based were based on a previous order by the consumer; in the latter case there is no right of withdrawal.
3. TERMS OF PAYMENT
3.1 We may only demand or accept payments on the travel price before the end of the package tour if an effective customer money protection contract exists and the security certificate with the name and contact details of the customer money protection provider has been given to you in a clear, understandable and prominent manner. After the conclusion of the contract, a deposit of 10% of the travel price is due for payment upon delivery of the security certificate. For trips with early third-party costs (e.g. obtaining a visa), a further 10% deposit must be paid 55 days before the trip. The remaining payment is due 30 days before the start of the trip, provided that the security certificate has been handed over and we can no longer exercise our right of withdrawal for the reason stated in Section 9.1. With the booking confirmation, you will be sent an invoice showing the amount of the deposit and the travel price.
3.2. If you do not make the down payment and / or the final payment according to the agreed payment due dates, although we are ready and able to properly provide the contractual services, have fulfilled our statutory information obligations and you do not have a statutory or contractual right of retention, we are entitled to withdraw from the package tour contract after a reminder with a deadline and to charge you with withdrawal costs in accordance with Section 6.3.
4. SERVICES AND PRICES
4.1. The contractual obligations are the descriptions and price statements of our programme, which are exclusively valid for the tour period.
4.2. Any third-party leaflets (e.g. local hotel leaflets) used for booking are only informational, without warranty for their contents.
4.3. As far as there is no different description of a tour in our catalogue, our prices include the fees for the camping locations during the tour offered.
4.4. The price is to be understood per person and refers to two persons per vehicle. Pets may be taken along, if this is possible according to the tour description. Any charges involving pets are to be paid by the owner.
5. VARIATIONS IN SERVICES AND PRICES
5.1. Individual tour service variations from the contractually agreed contents of the travel agreement becoming necessary after the agreement yet before the tour and that were not caused against our good faith, do not cause a deficiency and were not caused by ourselves are allowed as far as there are no considerable differences and changes and do not affect the entire character of the booked tour.
5.2. Possible claims remain undamaged as far as the changed services present shortcomings. If we had lower costs for the implementation of the changed trip or replacement trip with the same quality, the customer is to be reimbursed the difference in accordance with Section 651m (2) BGB.
5.3. We are obliged to inform you about changes in service immediately after becoming aware of the reason for the change on a permanent data carrier (e.g. also by e-mail, SMS or voice message) in a clear, understandable and highlighted manner.
5.4. In the event of a significant change in an essential characteristic of a travel service or a deviation from your special requirements, which have become the content of the package travel contract, you are entitled to a reasonable period set by us at the same time as notification of the change either accept the change or resign free of charge from the package travel contract or to request participation in a substitute trip if such a trip was offered. You have the choice whether or not to respond to our communication. If you react to us, you can either agree to the change in the contract, request participation in a replacement trip, if one has been offered to you, or withdraw from the contract free of charge. If you do not respond to us or do not respond within the set deadline, the notified change is considered accepted. This must be pointed out to you in the declaration in accordance with Section 5.3 in a clear, understandable and emphasized manner.
5.5. We point out that many campsites we are visiting throughout the tour are not of the same standards you might be used to in Western Europe. Although we always try to only stop at high standard camping sites, there might be reduced standards in isolated cases concerning hygiene standards, sanitation/toilets, water quality and power supply. This does not represent any deficiency.
6. RESCISSION BY THE CUSTOMER
6.1. You may rescind from the tour at any time prior to departure. The withdrawal must be declared to us on a permanent data carrier.
6.2. If you withdraw before the start of the journey or if you do not start the journey, we will lose the right to the travel price. Instead, we can demand appropriate compensation if we are not responsible for the withdrawal or if exceptional circumstances occur at the destination or in its immediate vicinity that significantly impair the implementation of the package tour or the transport of people to the destination; Circumstances are unavoidable and extraordinary if they are not under the control of the tour operator and their consequences could not have been avoided even if all reasonable precautions had been taken.
6.3 The amount of the compensation is determined by the travel price minus the value of the expenses saved by the tour operator as well as minus what he acquires through other use of the travel services, which is to be justified by us at your request. We have set the following flat rate compensation, taking into account the period between the declaration of withdrawal and the start of the journey, as well as taking into account the expected savings in expenses and the expected acquisition through other uses of the travel services. The compensation is calculated after the time of receipt of the declaration of withdrawal as follows with the respective cancellation scale (percentage of the respective travel price):
From registration up to 55 days before departure 10%
from 54 to 30 days before departure 20%
from the 29th to the 10th day before departure 30%
from the 9th day before departure 75%
From registration up to 55 days before departure 10%
from 54 to 30 days before departure 25%
from 29th to 10th day before departure 35%
from the 9th day before departure 75%
From registration up to 55 days before departure 10%
from 54 to 30 days before departure 30%
from 29th to 10th day before departure 40%
from the 9th day before departure 75%
6.4 In any case, you are allowed to prove that the reasonable compensation to which we are entitled is significantly lower than the required flat-rate compensation.
6.5 We reserve the right to demand higher, individually calculated compensation instead of the above flat-rate compensation, provided that we can prove that the expenses incurred were significantly higher than the applicable flat-rate compensation.
6.6 If we are obliged to reimburse the travel price as a result of a withdrawal, the reimbursement must be made immediately, but in any case, within 14 days of receipt of the declaration of withdrawal.
6.7 Your statutory right, in accordance with Section 651e of the German Civil Code (BGB), to require us to notify you on a permanent data carrier that a third party should take over the rights and obligations of the package travel contract instead of you, remains unaffected by the above conditions. We must receive the declaration by the registration deadline.
6.8 We have taken out travel cancellation insurance and travel interruption insurance in your favor with ERGO Reiseversicherung AG. You automatically join this as an insured person when you book your trip (only if you live in the EEA). The insurance premium is included in the travel price. Insurance cover exists in the event of cancellation before the start of the trip and after the start of the trip if the trip is interrupted for an insured reason. With the booking confirmation, you will receive an insurance certificate (insurance certificate) from which you can find the insurance conditions and other details (excerpt on the additional information).
After conclusion of the contract, you are not entitled to changes in terms of the travel date, the travel destination, the place of departure, the accommodation or the type of transport (rebooking).
This does not apply if the rebooking is necessary because we have not given you any, inadequate or incorrect pre-contractual information in accordance with Art. 250 §3 EGBGB; in this case the rebooking is free of charge.
If, in the other cases, a rebooking is made at your request, we can charge a rebooking fee, which is determined as follows: 25 euros per person plus external costs already incurred.
8. UNCLAIMED SERVICES
If you do not make use of individual travel services that we were willing and able to provide in accordance with the contract for reasons that are attributable to you, you are not entitled to a proportionate reimbursement of the travel price, unless such reasons are not subject to the statutory provisions for free cancellation or entitled to terminate the travel contract. We will endeavour to reimburse the saved expenses by the service providers. This obligation does not apply if the expenses involved are completely insignificant.
9. CANCELLATION OF THE TOUR AGREEMENT
9.1. We can only withdraw from the package tour contract due to not reaching the minimum number of participants if we:
a) have stated the minimum number of participants in the respective pre-contractual information as well as the time by which the traveller must have received the declaration before the contractually agreed start of the journey, and
b) specify the minimum number of participants and the latest withdrawal period in the travel confirmation. Withdrawal must be declared to you at the latest on the day that was specified in the pre-contractual information and the travel confirmation.
If it becomes apparent at an earlier point in time that the minimum number of participants cannot be reached, we must immediately make use of our right of withdrawal.
9.2 If the trip is not carried out for this reason, we have to reimburse your payments to the price of the trip immediately, but in any case, within 14 days of receipt of the declaration of withdrawal.
9.3 We can terminate the package tour contract without observing a notice if you persistently disturb the peace of the tour or willfully misconduct yourself after having been pre-warned. This does not apply if the behaviour contrary to the contract is caused by a violation of our information obligations. If we cancel, we retain the right to the travel price; however, we must offset the value of the saved expenses as well as those advantages that we gain from using the unused service for other purposes, including the amounts credited to us by the service providers.
10. INDEMNIFICATION, LIMITATION OF LIABILITY
10.1 Our contractual liability for damage that is not personal injury and was not culpably caused is limited to three times the travel price. Any further claims under international agreements or statutory provisions based on such remain unaffected by the restriction.
10.2 We are not liable for service disruptions, personal injury or property damage in connection with services that are only brokered as third-party services (e.g. arranged excursions, sports events, visits to the theatre, exhibitions) if these services are expressly stated in the travel advertisement and the travel confirmation and stating the identity and address of the mediated contractual partner have been clearly marked as external services so that they are not recognizable to you as part of our package tour and have been selected separately. The §§ 651b, 651c, 651w and 651y BGB remain unaffected. However, we are liable if and to the extent that your damage was caused by a breach of our notification, clarification or organizational obligations.
11. PILOT TOURS
Pilot tours are trips where we visit new territory and where it might become necessary to make changes to programmes, routes or places that were not known upon printing the catalogue. This might be because roads, overnight places or borders are unexpectedly and suddenly not in service. Due to this unique difficult character, the tour price is subsequently reduced.
12. OBLIGATION OF CO-OPERATION
12.1 Travel documents
You have to inform us if you do not receive the necessary travel documents (e.g. passports) within the notified period.
12.2 Setting a deadline before termination
If you want to terminate the package tour contract due to a travel deficiency of the type described in § 651i Paragraph 2 BGB, if it is significant, according to § 651l BGB, you have to give us a reasonable period of time to remedy the situation. This only does not apply if we refuse to remedy the situation or if immediate remedy is not necessary.
12.3 Notification of defects / request for remedy
If the trip is not provided free of travel deficiencies, you can request a remedy. If we were unable to remedy the situation as a result of a culpable failure to report defects, you can neither assert claims for a reduction in price according to § 651m BGB nor claims for damages according to § 651n BGB. You are obliged to notify our local representative of your notification of defects immediately. If a representative is not available on site and is not contractually owed, we must be informed of any travel defects; The participant folder will inform about the availability of the tour operator's representative. Our representative is instructed to take remedial action if possible. However, he is not authorized to recognize claims.
13. EXCLUSIONS OF CLAIMS
According to article 651g German Civil Code, you have to assert your possible claims for warranty or indemnification (§§ 651c to 651f German Civil Code) immediately after the contractually stipulated end of the trip with us. For reasons of evidence security, this should be transmitted on a durable medium. You can only assert claims later if you were prevented from reporting immediately through no fault of your own.
14. AIR CARRIER
The EU regulation on informing passengers about the identity of the operating airline obliges us to inform you about the identity of the operating airline of all air transport services to be provided in the context of the booked trip when booking.
If the operating airline has not yet been determined at the time of booking, we are obliged to give you the name of the airline or airlines that are likely to operate the flight or flights. As soon as we know which airline will operate the flight, we need to inform you.
If the airline named to you as the operating airline changes, we must inform you of the change. We must immediately take all reasonable steps to ensure that you are notified of the change as soon as possible.
The list of airlines with an EU operating ban (Community list, formerly "Black List") is available on the following website: ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm
15. PASSPORT, VISA, CUSTOMS, FOREIGN EXCHANGE, HEALTH AND INSURANCE REGULATIONS
15.1. We will inform you about general passport and visa requirements as well as health formalities of the country of destination including the approximate deadlines for obtaining any necessary visas before the contract is concluded and any changes to them before the start of the journey. In the case of special features (e.g. dual citizenship, statelessness), we will use your help.
15.2 You are responsible for procuring and carrying the travel documents required by the authorities, any necessary vaccinations, compliance with customs and foreign exchange regulations, and compliance with aspects of insurance law. Disadvantages that arise from not following these regulations, e.g. the payment of cancellation costs are at your expense. This does not apply if we have not, inadequately or incorrectly informed you. The traveler is solely responsible for the legal obligation regarding insurance.
15.3. The tour operator will assume the procurement of visas if this is permitted by the consulates. Your passport must be sufficiently valid after termination of the tour. Without handing over all required documents (passport, passp. photograph) before the date specified, we are entitled to charge you for the additional cost. We cannot be held responsible for the timely procurement through the consulate, unless the delay is due to our neglect.
16. REFERENCE TO EGBGB (DATA PROTECTION)
All personal data that you provide to us to process your trip will be saved and used by us insofar as this is necessary for the execution of the contract.
They are protected against misuse in accordance with the EU General Data Protection Regulation. You can find our full data protection declaration at: www.mir-tours.de/data protection
Mir Tours & Services GmbH
Hauptstraße 10 56291 Birkheim / Germany
Fon +49-6746 80 28 0 · Fax +49-6746 80 28 14
Managing Director: Sabine Machado-Rettau
Registered: Amtsgericht Koblenz
Register Number: HRB 23355
VAT-Identification No: DE 286022281