1. conclusion of a travel contract
By registering, the customer makes a binding offer to the tour operator to conclude a travel contract. The registration can be made in writing, verbally, by telephone or by other means of remote communication. It is also made by the applicant for all participants listed in the registration, for whose contractual obligations the applicant is responsible as for his own obligations, provided that he has assumed a corresponding separate obligation by express and separate declaration. The registration is also made by the applicant for all participants listed in the registration, for whose contractual obligations the applicant is responsible as for his own obligations. The contract is concluded by the organiser's e-mail confirmation. Participation is from the age of 18. Young people can only take part in our trips with a signed declaration of consent from their parents. The declaration can be requested by e-mail, telephone or fax.
The contract is concluded upon acceptance by the tour operator. Acceptance does not require any particular form. Upon or immediately after conclusion of the contract, the tour operator will provide the customer with the travel confirmation. If the content of the confirmation differs from the content of the registration, this constitutes a new offer by the tour operator to which he is bound for a period of 10 days. The contract is concluded on the basis of this new offer if the traveller declares acceptance to the tour operator within the binding period. The tour operator may withdraw from the contract 2 weeks before the start of the tour if the minimum number of participants is not reached. The tour price already paid will be refunded in full. There are no further claims. If the execution of the tour is made considerably more difficult, jeopardised or impaired as a result of force majeure unforeseeable at the time the contract was concluded, both parties to the contract may cancel the travel contract (§ 651j BGB).
2. Payment
Payment of the tour price prior to the end of the tour may only be demanded and made against the handover of the security certificate within the meaning of Section 651 k (3) BGB. A deposit of 15 per cent of the tour price is due upon conclusion of the contract. Further payments are due on agreed dates, remaining payments are due upon delivery or receipt of the travel documents, provided that the trip can no longer be cancelled for the reasons stated in point 7.b). Notwithstanding this, the full travel price may be demanded even without the issue of a security certificate if the trip does not last longer than 24 hours, no overnight stay is included and the travel price does not exceed EUR 75. If the customer defaults on payment of the tour price in part or in full, the tour operator is entitled, after issuing a reminder and setting a deadline, to withdraw from the contract and demand compensation in accordance with section 5.1.
3. Services and brochure details
Which services are contractually agreed is determined by the service descriptions in the brochure or in the travel confirmation. The information contained in the brochure is binding for the tour operator. However, the tour operator expressly reserves the right to make justified changes to services and prices prior to the conclusion of the contract, of which the traveller will of course be informed. A pre-contractual price adjustment may become necessary for the following reasons in particular:
1. due to an increase in transport costs, charges for certain services, such as harbour or airport fees, or a change in the exchange rates applicable to the tour in question after publication of the brochure.
2. if the package tour requested by the customer and advertised in the brochure is only available through the purchase of additional contingents after publication of the brochure.
Deviating services, e.g. from other brochures of the service providers, as well as special requests that change the scope of the planned services, are only binding if they are expressly confirmed by the tour operator. Individual third-party services provided by other companies which are not part of a package tour and which are expressly arranged on behalf of a third party, such as flight-only, car hire, excursions and other events, are not the tour operator's own services.
4. Changes to services and prices
4.1 Changes or deviations of individual travel services from the agreed content of the travel contract which become necessary after conclusion of the contract and which were not brought about by the tour operator in bad faith are only permitted insofar as the changes or deviations are not significant and do not affect the overall design of the booked trip. Any warranty claims remain unaffected if the modified services are defective. The tour operator undertakes to inform the customer immediately of any changes or deviations in services. In the event of a subsequent, significant change to an essential travel service, the customer is entitled to withdraw from the travel contract or to demand participation in an equivalent trip if the tour operator can offer such a trip from its range at no extra cost. If necessary, the customer will be offered a free rebooking.
4.2 The tour operator reserves the right to change the tour price agreed in the travel contract in the event of an increase in transport costs or charges for certain services, such as port or airport charges, or a change in the exchange rates applicable to the tour in question in accordance with the following provisions, provided that more than 4 months have passed between the conclusion of the contract and the start of the tour and the circumstances leading to the change neither occurred nor were foreseeable by the tour operator at the time of conclusion of the contract: If the transport costs existing at the time of conclusion of the contract, in particular the fuel costs, increase, the tour operator may
a) demand the amount of the increase in the event of a seat-related price increase.
b) in other cases, divide the additional transport costs demanded by the carrier per means of transport by the number of seats in the agreed means of transport and demand the resulting increase for the individual seat.
If the charges existing at the time of conclusion of the travel contract, such as harbour or airport fees, are increased vis-à-vis the tour operator, the tour price may be increased by the corresponding pro rata amount. In the event of a subsequent change to the tour price, the tour operator must inform the traveller immediately, but no later than 21 days before departure. Price increases after this time are not permitted. In the event of price increases of more than 5 per cent, the customer is entitled to withdraw from the travel contract or to demand participation in an equivalent trip if the tour operator can offer such a trip from its range at no extra cost.
4.3 The traveller must assert the rights mentioned under 4.1 and 4.2 with the tour operator immediately after the tour operator has declared the change to the travel service or the travel price. Written form is recommended in this regard.
5.Cancellation by the customer, rebooking, replacement persons
5.1 The customer may cancel the trip at any time before the start of the trip. The date of receipt of the cancellation notice by the tour operator is decisive. The customer is advised to declare the cancellation in writing. If the customer cancels the travel contract or does not start the trip, the tour operator can demand compensation for the travel arrangements made and for its expenses. The amount of compensation shall be calculated on the basis of the travel price less any expenses saved and any other use of the travel services. The tour operator may also calculate this claim as a lump sum in a percentage of the tour price, taking into account the expenses usually saved and the usual possible income from any other use of the travel services in accordance with the following breakdown according to the proximity of the time of cancellation to the contractually agreed start of the tour. In any case, the customer is at liberty to provide evidence that the tour operator has suffered losses in connection with the cancellation has incurred no or lower costs.
For coach trips (bus trips)
up to 30 days before departure 40 % of the total price
up to 22 days before departure 50 % of the total price
up to 15 days before departure 60 % of the total price
up to 8 days before departure 70 % of the total price
up to 4 days before departure 80% of the total price
from the 3rd day before the start of the trip or in the event of non-commencement of the trip, 90% of the total price shall be claimed as compensation.
For Vantrips (minibus journeys with own journey) and Bed & Ride offers (package holidays)
up to 30 days before departure 40 % of the total price
up to 22 days before departure 50 % of the total price
up to 15 days before departure 60 % of the total price
up to 8 days before departure 70 % of the total price
up to 4 days before departure 80% of the total price
from the 3rd day before the start of the trip or in the event of non-commencement of the trip, 90% of the total price will be claimed as compensationt
When travelling by air with charter or scheduled airlines
up to 30 days before departure 40 % of the total price
up to 22 days before departure 50 % of the total price
up to 15 days before departure 60 % of the total price
up to 8 days before departure 70 % of the total price
up to 4 days before departure 80% of the total price
from the 3rd day before the start of the trip or in the event of non-commencement of the trip, 90% of the total price shall be claimed as compensation.
Other types of travel are treated in accordance with the principles developed in these travel conditions with regard to the consequences of cancellation.
5.2 If, at the customer's request, changes are made to the travel date, destination, place of departure, accommodation or mode or class of transport (rebooking) after the trip has been booked for a date within the period of validity of the travel advertisement, subject to availability, the tour operator is entitled to charge a rebooking fee per traveller in accordance with the following deadlines: Air travel with charter or scheduled airlines.
up to 90 days before departure 30,00 EUR
up to 30 days before departure 50,00 EUR
Any changes requested by the customer after the deadlines have expired can only be implemented, if at all possible, after cancellation of the travel contract under the conditions set out in point 5.1 and by re-registration. 5.3 Until the start of the trip (taking into account the time required for the organisation), the traveller may request that a third party assumes the rights and obligations arising from the travel contract in their place. The tour operator may object to the entry of the third party if the third party does not fulfil the special travel requirements or if legal regulations or official orders prevent their participation. If a third party enters into the contract, this person and the traveller (applicant) are jointly and severally liable to the tour operator for the tour price and the additional costs incurred by the entry of the third party.
6. Services not utilised
If the traveller does not make use of individual travel services due to early return or for other reasons, the tour operator shall endeavour to obtain reimbursement of the expenses saved from the service providers. This obligation does not apply if the services are completely insignificant or if reimbursement is not possible.
7. Cancellation and termination by tour operator
The tour operator may withdraw from the travel contract before the start of the trip or cancel the travel contract after the start of the trip in the following cases:
a) Without adherence to a deadline
If the traveller persistently disrupts the execution of the trip despite a warning or if he behaves in such a way contrary to the contract that the immediate cancellation of the contract is justified. If the tour operator cancels the contract for this reason, it retains the right to the travel price, but it must allow the value of the saved expenses and the benefits that it obtains from any other use of the unused service to be taken into account.
b) 2 weeks before departure
BIf an advertised or officially stipulated minimum number of participants is not reached, if a minimum number of participants is indicated in the travel advertisement for the corresponding trip. In any case, the tour operator is obliged to inform the customer of this immediately after the conditions for the non-performance of the tour have been met and to forward the cancellation notice to the customer without delay. Any payments already made towards the tour price will be refunded to the customer.
8. Cancellation of the contract due to exceptional circumstances
If the trip is made considerably more difficult, jeopardised or impaired as a result of force majeure that was not foreseeable when the contract was concluded, both the tour operator and the traveller may terminate the contract. If the contract is cancelled, the tour operator may demand reasonable compensation for the travel services already provided or still to be provided at the end of the trip. Furthermore, the tour operator is obliged to take the necessary measures, in particular, if the contract includes return transport, to transport the traveller back. The additional costs for the return transport are to be borne equally by both parties. Otherwise, the additional costs shall be borne by the travellers.
9. Liability of the tour operator
9.1 The tour operator is liable within the scope of the duty of care of a prudent businessman for:
(1) Conscientious travel preparation
(2) the careful selection and monitoring of service providers
3) the accuracy of the description of all travel services stated in the brochures, unless the tour operator has
has declared a change to the information in the brochure prior to the conclusion of the contract in accordance with point 3
(4) the proper provision of the agreed travel services.
9.2 The tour operator is liable in accordance with No. 11 for the fault of the persons entrusted with the provision of services.
10. Applicable law and place of jurisdiction
Contractual and legal relationships between the tour operator and the traveller are governed by German law. The traveller may only sue the tour operator at its registered office. For legal action brought by the tour operator against the traveller, the place of residence of the traveller is decisive, unless the action is brought against registered traders or persons who have moved their place of residence or habitual abode abroad after conclusion of the contract, or whose place of residence or habitual abode is unknown at the time the action is brought. In these cases, the registered office of the tour operator shall be decisive. In these cases, the registered office of the tour operator is decisive.
German law shall apply. Unless otherwise agreed, the place of jurisdiction for both contracting parties is Stuttgart. The organiser is
Cruise and Ride | Linzer Straße 60 | D-70469 Stuttgart
Cruise and Ride is an offer from knee deep UG (haftungsbeschränkt) | Linzer Straße 60 | D-70469 Stuttgart
Registered office of the company: Stuttgart | Register court: Stuttgart Local Court HRB 791135
Tax number: 99023/28208 | Managing Director: Matthias Wurster