Terms and Conditions Expedicial Reise GmbH
1. application area
The following general terms and conditions govern the legal relationship between customers and Expedicial Reise GmbH, Zum Stadtpark 5, 93142 Maxhütte-Haidhof, Tel. 0049(0)176 217 291 38, e-mail: info@npl-overland.eu (hereinafter referred to as the “Organizer“). They apply in addition to the legal regulations of §§ 651a ff. BGB. By ordering or booking travel services with the organizer, the customer accepts these general terms and conditions. Deviations in the respective travel advertisement or the liability agreement and individual agreements have priority over these terms and conditions. When booking an individual travel service (e.g. renting a tour guide) that is not or will not be part of a package tour, only numbers 2, 3, 7.3, 8, 9, 10, 11, 14, 16 and 17 apply accordingly.
2. contracting parties – organizer – provider identification
A contract is concluded between the organizer and customers who book an adventure trip or trips with expedition character, as well as other individual travel services with adventure character, such as off-road training camps or wrenching courses with the organizer.
3. conclusion of the contract
3.1 The presentation of adventure trips or trips with expedition character and individual travel services on our online portals npl-overland.eu and Van-Tors.de do not constitute a legally binding offer in the legal sense, but an invitation to place orders (invitatio ad offerendum).
3.2 As part of the ordering process via the Organizer’s online form at npl-overland.eu and Van-Tours.de, the Customer first clicks on the desired travel advertisement via the “Book Now!” button and is then redirected to a page where the Customer can enter his data and then select his payment method. The customer can change or correct his details at any time during the ordering process. If the customer wants to cancel the ordering process completely, the customer can also simply close his browser window. Otherwise, after clicking the confirmation button “Order now with obligation to pay”, the declaration of the customer becomes legally binding in the sense of these GTC.
3.3 By clicking the “Order now with obligation to pay” button in the last step of the ordering process, the customer submits a binding offer to order online the travel services displayed in the travel description.
3.4 The order is placed by the customer also for all participants listed in the order, for whose contractual obligations the customer is liable as for his own obligations, provided that he has assumed a corresponding separate obligation by express and separate declaration.
3.5 The organizer will confirm the receipt of the order to the customer. This confirmation of receipt does not yet constitute acceptance of the customer’s offer, but merely serves to inform the customer that an offer to conclude a contract has been made and received by the organizer.
3.6 The contract is only concluded upon receipt of the express travel confirmation (acceptance of the customer’s offer) by the organizer on a durable data medium (e.g. by e-mail), which complies with any legal requirements. In the travel confirmation, the customer receives a written confirmation and a travel brochure, which contains all essential information about the travel he has booked, as well as a liability agreement, which is also the subject of the contract. If the content of the travel confirmation differs from the customer’s order, this constitutes a new offer by the organizer, to which the organizer is bound for 10 days. The travel contract is concluded on the basis of the new offer if the tour operator has pointed out the change with regard to the new offer and has fulfilled existing pre-contractual information obligations and the customer accepts the offer of the tour operator within the aforementioned binding period, which can also be done conclusively by payment of the travel price. In this case, the contract is concluded on the basis of the new offer in accordance with the travel brochure.
3.7 The Organizer points out that according to the legal regulations (§§ 312 para. 7, 312g para. 2 p. 1 no. 9 BGB) there is no right of withdrawal for package travel contracts according to § 651a and 651c BGB, which were concluded in distance selling (esp. letters, catalogs, telephone calls, e-mails, SMS, broadcasting, telemedia and online services), but only the legal rights of withdrawal and termination, in particular the right of withdrawal according to § 651h BGB. 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.
4. subject of performance
The subject matter of the contract results from the service descriptions of the organizer, in particular from the information in the pre-contractual information, the travel description, and the information in the travel confirmation and the travel documents.
Costs for ancillary services such as the procurement of visas, etc. as well as consumption-dependent ancillary costs are not included in the travel price, unless expressly agreed otherwise in the service description.
5. service changes and price changes
5.1 With regard to the special nature of the trip, changes to the travel services compared to the agreed content of the travel contract that become necessary after conclusion of the contract and were not brought about by the Organizer contrary to good faith are reserved, provided they are not significant and do not affect the overall nature of the booked trip, are reasonable for the customer and are explained to the customer before the start of the trip. Any warranty claims shall remain unaffected, in particular insofar as the modified services are defective. The organizer will inform the customer about service changes or deviations immediately after knowledge of the reason for change on a durable data medium (e.g. e-mail, SMS). If the changes are significant and affect essential travel services, the customer has the right to withdraw from the contract or demand another travel service of equal value. The right to another, equivalent travel service requires that the organizer can offer the customer such a service without increasing the price of the originally booked trip. The customer must exercise these rights in the event of significant changes affecting essential travel services without delay, but no later than 10 days after receipt of the information about the change. If the customer does not exercise these rights in due time, the travel contract is considered accepted with the inclusion of the notified changes. The customer is informed of this in a clear, understandable and highlighted manner. In this respect, warranty claims of the customer are excluded.
5.2 Price adjustments (price increases and price reductions) are only possible after conclusion of the travel contract up to the 20th day before the contractual start of the trip if the price adjustment results directly from one of the following reasons occurring after conclusion of the contract:
– Change in the price of passenger transportation due to changes in the cost of fuel or other energy sources,
– Changes in taxes and other charges for agreed travel services, such as tourist taxes, port or airport charges, or
– Change in the exchange rates applicable to the package tour in question.
In the event of a change related to the seat, the price will be adjusted in the amount of the seat share. In other cases, the additional transport costs required by the transport company for each means of transport are divided by the number of seats on the agreed means of transport. The organizer can demand the resulting increase for the single seat from the customer.
If the taxes (e.g. port or airport fees) that exist when the travel contract is concluded, changes to the organizer, the organizer can increase / or decrease the price of the trip by the corresponding proportionate amount. The amount is calculated by apportioning the percentage increase/decrease in charges to the same extent as the corresponding charge assessed to the traveler at the time the contract was entered into.
In the event of a change in exchange rates after the conclusion of the travel contract, the Organizer may increase or decrease the price of the travel services concerned in accordance with the exchange rate fluctuation, based on the exchange rate at the time of the conclusion of the contract compared to the exchange rate at the start of the trip, in the proportion in which the travel service has become more expensive or more favorable for the Organizer as a result.
5.3 The customer can request a reduction in the travel price if and to the extent that the prices, duties or exchange rates mentioned in the preceding paragraph have changed after the conclusion of the contract and before the start of the journey and this leads to lower costs for the organizer. If the customer has paid more than the amount owed hereunder, the excess amount must be reimbursed by the organizer. The organizer is entitled to deduct the administrative expenses actually incurred from the additional amount to be reimbursed.
5.4 The organizer will inform the customer immediately after becoming aware of significant changes in services or price adjustments that have become known. Price adjustments after the 20th day before the agreed travel date are not permitted.
If the price increase exceeds 8% of the travel price, the customer has the right to accept the offer to increase the price, to withdraw from the contract or to demand another, equivalent travel service. The right to another, equivalent travel service requires that the organizer can offer the customer such a service without increasing the price of the originally booked trip. In the event of a price increase of more than 8% of the travel price, the customer must exercise these rights immediately, but no later than 10 days after receipt of the offer to increase the price. If the customer does not exercise these rights in due time, the travel contract is considered accepted with the inclusion of the notified price increase. The customer is informed of this in a clear, understandable and highlighted manner. In this respect, warranty claims of the customer are excluded.
5.5 Any warranty claims shall remain unaffected insofar as modified services are defective.
6. prices and payment
6.1 All prices include the applicable statutory sales tax.
6.2 Travel cancellation insurance or other insurances are not included in the travel price, unless this is expressly agreed in the service description for the respective trip.
6.3 The organizer has insolvency protection in accordance with Section 651r BGB. A security certificate will be sent to the customer with the travel confirmation when booking a package tour. The organizer may only request or accept payments on the travel price before the end of the package tour if there is an effective customer money protection contract and the customer has been given the security certificate with details of the customer money insurer.
6.4 After receipt of the travel confirmation and the security certificate, 20% of the travel price is due for down payment within 14 days.
6.5 The remaining travel price is due 4 weeks before the start of the trip without a new request if it is certain that the trip will be carried out, in particular ifthe Organizer has not previously canceled the trip because the minimum number of participants has not been reached or if the Organizer’s right to cancel the trip according to section 6.2 has not been exercised. 8.2 has expired.
If there are less than 4 weeks between the date of the invoice and the start of the journey, the total travel price is due immediately upon receipt of the security certificate. In the case of short-term trips (booking less than 6 calendar days before the start of the trip), receipt of the invoice amount by the organizer must be ensured within two calendar days. The customer immediately sends the organizer a proof of payment (transfer receipt or account statement confirmed by the bank) by e-mail or fax. The cost of travel insurance is due with the deposit, regardless of this clause.
6.6 Any fees in the event of cancellation as well as processing and rebooking fees, if applicable, are due upon invoicing.
6.7 The fact that the payment is credited to the organizer is decisive for the timeliness of payment.
6.8 If due payments are not made or not made in full, although the organizer is ready and able to properly provide the contractual services, has fulfilled statutory information obligations and the customer has no legal or contractual right of retention and the customer does not pay despite a reminder with a grace period, the organizer can withdraw from the respective contract, unless there is already a significant travel deficiency at this point in time. In this case, the organizer can demand cancellation fees in accordance with section 7 of these general terms and conditions when withdrawing from the travel contract.
6.9 In the case of refunds abroad, the customer shall bear any transfer fees that may be incurred.
7. withdrawal by the customer before the start of the trip – rebooking – cancellation fees
7.1 The customer can withdraw from the trip at any time before the start of the trip. Decisive for the timeliness of the declaration of withdrawal is the receipt of the declaration of withdrawal by the organizer. In order to avoid misunderstandings and for reasons of evidence, we recommend declaring the withdrawal on a permanent data carrier.
7.2 If the customer withdraws from the travel contract or does not start the trip, the organizer loses the claim to the agreed travel price. Instead, the organizer may, insofar as the withdrawal or the failure to commence the trip is not his responsibility and there is not a case of unavoidable, extraordinary circumstances at the destination or in its immediate vicinity, which significantly affect the implementation of the package tour or the transportation of persons to the destination, demand compensation for the travel arrangements made and for his expenses (withdrawal fees). When calculating the reimbursement, usually saved expenses of the organizer and usually possible other uses of the travel services are to be taken into account. The organizer can lump-sum his claim for compensation, taking into account the proximity of the time of withdrawal to the contractually agreed start of the trip, in a percentage ratio to the price of the trip as follows:
Travels with expedition character and own travel:
up to 30. day before travel start 20% of the travel price
from 29th to 22nd day before departure 30% of the tour price
from 21. to 15 day before departure 40% of the tour price
from 14th to 7th day before departure 50% of the tour price
from 06. day before departure 55 % of the tour price
in case of no-show 75% of the travel price
Travel with expedition character and air transportation:
up to 30. day before travel start 30% of the travel price
from 29th to 22nd day before departure 50% of the tour price
from 21. to 15 day before departure 60% of the tour price
from 14th to 7th day before departure 70% of the tour price
from 06. day before departure 80 % of the tour price
in case of no-show 85% of the tour price
Trips with expedition character and ferry connections as part of the trip
up to 30. day before travel start 20% of the travel price
from 29th to 22nd day before departure 50% of the tour price
from 21. to 15 day before departure 60% of the tour price
from 14th to 7th day before departure 70% of the tour price
from 06. day before departure 80 % of the tour price
in case of no-show 85% of the tour price
In the event of withdrawal by the customer, travel documents already issued must be returned to the organizer.
7.3 When booking individual travel services (e.g. off-road training camps, wrenching courses), which take place at a fixed contractually agreed time, a refund of the fees is excluded in the event of non-appearance of the customer or cancellation by the customer from 60 days before the individual travel service takes place.
7.4 Cancellation fees are also to be paid if the customer does not arrive at the respective starting point of the trip in good time at the times specified in the travel documents, as well as if the customer completes the trip due to a lack of travel documents from the customer for which the organizer is not responsible, e.g. B. passport or necessary visa, cannot take part.
7.5 The customer shall be at liberty to prove that no costs or only significantly lower costs than the applicable flat rate have been incurred in connection with the cancellation or non-commencement of the trip.
7.6 The organizer reserves the right to demand higher individually calculated compensation instead of the above flat rates, provided that he can prove that he actually incurred higher expenses. In this case, the organizer is obliged to quantify and substantiate the required compensation, taking into account saved expenses and any other use of the travel services.
7.7 The customer’s statutory right pursuant to. § 651e BGB to demand from the organizer by means of notification on a permanent data carrier that a third party takes over the rights and obligations from the package travel contract instead of him, remains unaffected by the above conditions. Such a declaration is in any case timely if it is received 7 days before the start of the journey. The organizer can object to the entry of the third party instead of the customer if the third party does not meet the special travel requirements or if his participation is contrary to legal regulations or official orders. The customer and the substitute person are jointly and severally liable for the travel price and the additional costs arising from the substitute person’s entry.
8. withdrawal or termination by the organizer
8.1 The Organizer may terminate the travel contract without notice if the performance of the trip is permanently disturbed by the customer or a person subject to the customer’s duty of supervision despite an appropriate warning by the Organizer. The same applies if a customer or a person subject to the customer’s duty of supervision behaves in breach of contract to such an extent that, taking into account all the circumstances of the individual case and weighing up the interests of both parties, the organizer cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period. This does not apply if the behavior contrary to the contract is caused by a violation of the information obligations of the organizer. In these cases of cancellation, the organizer retains the right to the tour price. In these cases, the customer bears any additional costs for the return transport himself. However, the organizer must offset the value of saved expenses as well as those benefits that are obtained from another use of unused services, including any reimbursements by service providers.
8.2 If the minimum number of participants specified in the pre-contractual information and in the travel confirmation is not reached, the Organizer can cancel the trip up to 5 weeks before the start of the trip. The organizer will inform the customer immediately if it becomes apparent at an earlier point in time that the minimum number of participants cannot be reached. The customer will then be refunded the already paid travel price immediately, but at the latest within 14 days after declaration of withdrawal. In the event of withdrawal by the organizer due to failure to reach the minimum number of participants, the customer is entitled to request another trip of equal value. The right to another, equivalent trip requires that the organizer can offer the customer such a trip without increasing the price of the originally booked trip. The customer has to assert this right immediately, at the latest, however, within 5 agen after declaration of the withdrawal by the organizer. If the customer does not exercise his right to participate in an equivalent trip, he will be refunded the paid travel price immediately, but no later than 14 days after the declaration of withdrawal.
9. withdrawal and termination due to unavoidable, extraordinary circumstances
9.1 The organizer can withdraw from the contract before the start of the journey if he is prevented from fulfilling the contract due to unavoidable, extraordinary circumstances. In this case, the organizer will inform the customer of the withdrawal immediately after becoming aware of the reason for the withdrawal. In this case, the organizer loses the right to the travel price. Already made payments will be refunded to the customer immediately, at the latest within 14 days after declaration of withdrawal.
9.2 The organizer can cancel or break off the trip or event without observing a deadline if risks or official orders conflict with the scheduled course or the safety of the participants. The same applies in the event of a serious illness of the customer or another travel participant or the tour guide, as well as irreparable damage to the tour guide’s vehicle if no replacement vehicle can be made available for the tour guide promptly within the framework of the economic sacrifice limit in the travel destination and this prevents further participation in the trip or that makes it impossible to continue the trip. The same applies in case of damage to the customer’s vehicle or accident of the customer’s vehicle, which cannot be repaired on the spot even with the support of the means of the organization vehicle or the customer’s vehicle cannot be recovered. In this context, the organizer points out the special character of adventure and expedition trips.
9.3 If the contract is terminated or broken off in this case, the organizer retains the right to the agreed travel price for the travel services already provided and still to be provided at the end of the trip. With regard to the services that are no longer to be provided, the tour operator’s claim does not apply. Furthermore, the organizer is obliged to take the necessary measures, especially if the contract includes return transport, to transport the customer back.
10. services not used
If the customer does not make use of individual travel services, which the organizer was willing and able to provide in accordance with the contract and which were properly offered to the customer, as a result of an early return trip, the customer’s own early departure from the travel group or for other reasons attributable to the traveler, no repayment of the proportional travel price will be made, insofar as such reasons would not have entitled the customer to withdraw free of charge or to terminate the travel contract in accordance with the statutory provisions. The organizer will endeavor to obtain reimbursement of the saved expenses from the service providers. This obligation shall not apply if the expenses are completely insignificant or if the reimbursement is contrary to statutory or official provisions.
11. notice about possible risks of the trip
11.1 The trips carried out by the organizer are adventure trips with expedition character as well as other events with adventure character and associated with special risks for the customers/participants themselves as well as their vehicles and equipment.
11.2 The trips carried out include, but are not limited to. also journeys on unpaved roads as well as off-road, overcoming terrain obstacles of all kinds with the customer’s/participant’s own vehicles, journeys on roads which are only rarely used and/or which are not or only very rarely maintained, routes without winter maintenance, driving on narrow roads and paths without securing, journeys on ground conditions which are difficult to assess, driving on steep slopes and crossing streams and rivers with the vehicles, crossing desert areas, dangers due to avalanches, rockfall, mudflows, Dangers due to bad weather, ice, snow, dangers due to wild animals, dangers due to vehicle recovery and the aids used, such as hi-lift jacks, winches and their (steel) ropes, the use of shackles, crossing areas without the possibility of rapid assistance from rescue services and without connection for cell phones, camp activities with overnight stays in the open, removal of obstacles on the route such as fallen trees, stones, snow, as well as other dangers that cannot be foreseen due to the nature of the trips as adventure trips.
11.3 In the event of damage to the vehicle that cannot be repaired on site or in the event of a breakdown in the customer’s vehicle, the organizer will support the customer with the resources of the organization vehicle. If a repair or recovery is not possible with these means, the customer bears these costs himself. There is no entitlement to a refund of the travel price.
12 Warranty and liability of the organizer
12.1 If the trip is not provided in accordance with the contract, the customer may demand remedy within a reasonable period. The organizer has to remove the defect. The organizer can remedy the situation by providing a substitute service of equal or greater value. The organizer can refuse the remedy if it is impossible or requires a disproportionate effort. If the trip is significantly impaired as a result of the defect and the organizer does not provide a remedy within a reasonable period, the customer may terminate the travel contract in accordance with the statutory provisions. For reasons of evidence, the organizer recommends the declaration of the cancellation on a durable data medium. The determination of a time limit prior to the declaration of termination is not required if the remedy is refused by the organizer or if immediate remedy is necessary. If in this case the travel contract is terminated by the customer, the organizer retains the claim to the agreed travel price with regard to the travel services already provided and those still to be provided at the end of the package tour; the customer’s claims under 651i para. 3 No. 6 and 7 BGB remain unaffected. In the event of a defect, the customer may also demand compensation without prejudice to the reduction of the tour price or termination, unless the defect in the tour is due to a circumstance for which the organizer is not responsible.
12.2 Each customer is responsible for his own timely arrival to the departure airport, ferry port, or the starting point of the trip.
12.3 The organizer is liable according to the legal regulations. The organizer is only liable for damages caused intentionally or by gross negligence, unless the damage involves injury to life, body or health. The contractual liability of the organizer for damages that are not bodily injuries and were not culpably caused is limited to three times the travel price.
12.4 Possible additional claims under international agreements or statutory provisions based on such agreements shall remain unaffected by the limitation. If international conventions or legal regulations based on such apply to a travel service to be provided by a service provider, according to which a claim for damages only arises or can only be asserted under certain conditions or restrictions or is excluded under certain conditions, the organizer can refer to this vis-à-vis the customer.
12.5 The organizer is not liable for damage to vehicles of the customer/participant during the trip, especially in the case of stone chip damage, paint damage, underbody damage, damage to tires, glasses and windows, engine damage, brake damage, damage due to water penetration, body damage, damage during towing and recovery. The above does not apply in the event that the damage or accident is based on willful or grossly negligent behavior on the part of the organizer.
12.6 The Organizer is not liable for service disruptions, personal injury or property damage in connection with services that are merely arranged as third-party services (e.g. excursions) if these services were expressly identified as third-party services in the travel description and the travel confirmation, stating the identity and address of the arranged contractual partner, in such a clear manner that they are not recognizably part of the Organizer’s package tour for the customer and were selected separately. Sections 651b, 651c, 651w and 651y BGB remain unaffected. However, the organizer is liable if and to the extent that the customer’s damage was caused by a breach of the organizer’s duties to inform, educate and organize.
13. insurances
The organizer recommends taking out travel cancellation insurance and insurance to cover repatriation costs in the event of an accident or illness, as well as accident insurance, liability insurance and international health insurance including Covid-19 protection. These insurances are not part of the travel contract and must be taken out separately by the customer.
14. customer’s duty to cooperate – complaints
14.1 Defects must be reported immediately to the tour guide, the Organizer or the travel agent and remedial action must be requested within a reasonable period of time.
If the customer culpably fails to immediately report a defect that has occurred, a claim for reduction of the travel price does not occur. The customer is obligated to cooperate in avoiding or minimizing potential damages in the event of service disruptions that occur in accordance with the statutory provisions on the duty to minimize damages.
14.2 The Customer assures that he/she is the owner and keeper of the vehicle or the keeper and owner has given the Customer permission to participate in the trip with his/her vehicle under these GTC. The customer is obliged to take out sufficient motor vehicle liability insurance, personal liability insurance, travel health insurance and accident insurance for the respective travel area, which also covers repatriation in case of illness or emergency, and to carry a valid driver’s license or an international driver’s license for customers as self-drivers.
14.3 Participation in all trips offered by the organizer is only permitted for people in very good health. The customer or participant is obliged to inform the organizer immediately if he has any health concerns. Due to the particular physical stresses and strains that can occur during such adventure trips, participation for pregnant women is not recommended.
The instructions of the tour guide or the organizer must be followed during the trip.
15. passport, visa, customs, foreign exchange and health regulations.
15.1 The organizer informs the customer about the general passport and visa requirements of the country of destination as well as about health formalities in accordance with the legal requirements. However, the customer is responsible for compliance with passport, visa, customs, foreign exchange, vaccination, traffic, health and other regulations of the travel destination.
15.2 The organizer is not liable for the timely issue and receipt of necessary visas by the respective diplomatic representation, unless the organizer is responsible for the delay.
15.3 The customer is responsible for ensuring that his passport or identity card has a sufficient period of validity for the entire journey.
The customer is responsible for compliance with all regulations necessary for the implementation of the trip. All disadvantages, in particular the payment of cancellation costs, which arise from non-compliance with these regulations, are at the expense of the customer.
16. online dispute resolution – consumer dispute resolution
The European Commission provides a platform for online dispute resolution for consumers at http://ec.europa.eu/consumers/odr/. Our email address for consumer complaints is info@npl-overland.eu
The organizer points out that he is neither obligated nor willing to participate in a consumer dispute resolution according to VSBG.
17. applicable law – place of jurisdiction – storage of the contract text
17.1 If the customer is a merchant, a legal entity under public law or a special fund under public law, or has no place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the organizer’s business operations. The organizer is also entitled to sue the customer at his general place of jurisdiction.
17.2 The law of the Federal Republic of Germany applies to the exclusion of the provisions of the Uniform UN Sales Law on the Purchase of Movable Items (CISG). In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
17.3 The contract language is German.
17.4 The text of the contract is saved by the organizer, but is no longer accessible to the customer for security reasons after the contract has been concluded.
17.5 Should individual provisions of this contract be invalid, this shall not affect the remainder of the contract.
Status: May 2023
