Terms & Conditions | Travel Conditions

General terms and conditions for package tours | berghorizonte GmbH

The following general terms and conditions for package tours, as far as effectively agreed, become part of the package travel contract concluded between the traveler and berghorizonte GmbH as the tour operator. They supplement the statutory provisions of §§ 651a to y of the German Civil Code (“Bürgerliches Gesetzbuch”, abbr. BGB) and Articles 250 and 252 of the Introductory Act to the German Civil Code (“Einführungsgesetz zum Bürgerlichen Gesetzbuche”, abbr. EGBGB) and fill them out. The general terms and conditions therefore do not apply if the traveler has not booked a package tour (but for example linked travel services according to § 651w BGB). The traveler will be informed accordingly if this is the case.

Increased risk for mountain, sports, and trekking trips, Physical requirements

For all events and outings arranged by berghorizonte GmbH, it's important to note that excursions involving hiking, trekking, and mountain sports carry a heightened risk of accidents and injuries. This risk cannot be completely eliminated even through careful and professional supervision by the tour guide. In remote regions, there may also be technical or logistical difficulties in terms of medical treatment options and rescue measures. Therefore, each traveler is responsible for adequate preparation for their own tour and is willing to accept an increased level of risk. Every traveler is strongly advised to thoroughly familiarize themselves with the requirements of the booked travel event. A health check before starting the journey is highly recommended. Information about physical requirements for hiking and trekking tours is provided to the best of our knowledge, even though such information is not only subject to subjective assessments but also strongly influenced by external circumstances, especially weather conditions.

1. Conclusion of the Package Travel Contract

1.1. For all booking methods, whether through a travel agency intermediary or directly with the tour operator, by telephone, online, etc.:

The basis for offers from the tour operator is the travel description and the additional information provided by the tour operator for the respective trip, as far as these are available to the traveler at the time of booking. If the content of the tour operator's confirmation differs from the content of the booking, a new offer from the tour operator is made, to which the tour operator is bound for a period of 10 days. The contract is concluded on the basis of this new offer, provided that the tour operator has notified the traveler of the change regarding the new offer and has fulfilled its pre-contractual information obligations, and the traveler has accepted the offer within the binding period by express declaration or implicitly by paying a deposit towards the tour price. The pre-contractual information provided by the organizer regarding the essential characteristics of the travel services, the travel price, and any additional costs, payment methods, minimum number of participants, and cancellation fees (in accordance with Article 250 § 3 Nos. 1, 3 to 5 of the EGBGB) shall only become part of the package travel contract if expressly agreed between the traveler and the tour operator. The traveler is responsible for all contractual obligations of fellow travelers for whom he is making the booking, as if they were his own, provided that he has assumed this obligation by express and separate declaration.

1.2. In addition to bookings made orally, by telephone, in writing, by email, SMS, or by fax:

·        With the booking (travel registration), the traveler makes a binding offer to the tour operator to conclude the package travel contract.

·        The contract is concluded upon receipt of the travel confirmation by the tour operator. Upon or immediately after conclusion of the contract, the tour operator shall provide the traveler with a travel confirmation on a durable medium that complies with legal requirements; this enables the traveler to retain or store the travel confirmation unchanged so that it is accessible to him within a reasonable period of time, for example, on paper or by email. The traveler is entitled to a travel confirmation in paper form in accordance with Art. 250 § 6 para. 1 sentence 2 of the EGBGB if the contract is concluded in simultaneous physical presence of both parties to the contract or outside business premises.

1.3. For conclusion of the contract in electronic commerce (e.g., internet app, electronic media), the following applies:

·        The traveler is provided with an explanation of the process of electronic booking in the respective application.

·        The traveler is given the opportunity to correct his entries, delete, or reset the entire booking form, with the use of this option explained.

·        The languages offered for the conclusion of the contract are specified.

·        If the text of the contract is stored by the tour operator, the traveler is informed of this and of the possibility of later accessing the text of the contract.

·        By clicking the button labeled "book now" or a similar formulation, the traveler makes a binding offer to the tour operator to conclude the package travel contract.

·        The traveler's receipt of his travel registration is confirmed immediately electronically.

·        Transmitting the travel registration by clicking the button does not entitle the traveler to the conclusion of the package travel contract.

·        The contract is only concluded upon receipt of the tour operator's travel confirmation by the traveler, which is sent on a durable medium. If the travel confirmation is issued immediately after clicking the "book now" button or a similar formulation by displaying the travel confirmation on the screen, the package travel contract is concluded upon display of this travel confirmation. In this case, there is also no need for interim notification of receipt of the booking, provided that the traveler is offered the opportunity to store the confirmation on a durable medium and to print it out. However, the binding nature of the package travel contract is not dependent on whether the traveler actually uses this option to store or print out the confirmation.

1.4. The tour operator points out that, in accordance with statutory provisions (Sections 312(7), 312g(2) sentence 1 No. 9 of the BGB), there is no right of withdrawal for package travel contracts concluded by means of distance communication (letters, catalogs, telephone calls, faxes, emails, text messages sent via mobile phone (SMS), as well as broadcasting, telemedia, and online services), but only the statutory rights of withdrawal and termination, in particular the right of withdrawal pursuant to Section 651h of the BGB). However, there is a right of withdrawal if the contract for travel services pursuant to Section 651a of the BGB) has been concluded outside business premises, unless the oral negotiations on which the conclusion of the contract is based have been conducted at the prior request of the consumer as a consumer; in the latter case, there is no right of withdrawal (Sections 312g(2) sentence 1 No. 9, sentence 2 in conjunction with Section 312b BGB).

2. Payment

2.1. Tour operators and travel agents may demand or accept payments towards the travel price before the end of the package tour only if an effective customer money protection contract exists and the security certificate with the name and contact details of the customer money guarantor has been provided to the traveler in a clear, understandable, and highlighted manner. After the conclusion of the contract, a deposit amounting to 20% of the travel price becomes due for payment upon handing over the security certificate. The remaining payment is usually due 30 days before the start of the journey, provided that the security certificate has been handed over and the trip is carried out as booked and cannot be cancelled for any reason mentioned in Clause 6.1.

2.2. If the traveler does not make the deposit and/or the final payment of the travel price in accordance with the agreed payment deadlines, even though the tour operator is ready and able to provide the contractual services properly, has fulfilled its statutory information obligations, and there is no statutory or contractual right of retention on the part of the traveler, the tour operator is entitled to withdraw from the package travel contract after a reminder with a deadline and to charge the traveler with cancellation costs in accordance with Clauses 5.1 to 5.6.

3. Changes to Services Before the Start of the Journey

3.1. Deviations in essential features of travel services from the agreed content of the package travel contract, which become necessary after the contract is concluded and were not brought about by the tour operator in bad faith, are allowed to the tour operator before the start of the journey, provided that the changes are not significant and do not affect the overall nature of the trip.

3.2. The tour operator is obligated to inform the traveler promptly, upon becoming aware of the reason for the change, about changes to services on a durable medium such as email, SMS, or fax in a clear, understandable, and highlighted manner.

3.3. In the event of a significant change to an essential characteristic of a travel service or deviation from specific requirements of the traveler that have become part of the package travel contract, the traveler is entitled, within a reasonable period set by the tour operator simultaneously with the notification of the change, to either accept the change, withdraw from the package travel contract free of charge, or request participation in a substitute trip if such a trip has been offered by the tour operator.

The traveler has the choice to respond to the tour operator's notification or not. If the traveler responds to the tour operator, they can either agree to the change in the contract, request participation in a substitute trip (if offered) or withdraw from the contract free of charge. If the traveler does not respond to the tour operator, or does not respond within the specified period, the notified change is considered accepted. The traveler must be clearly, understandably, and prominently informed of this in the statement according to Clause 3.2.

3.4. Any warranty claims remain unaffected if the changed services are defective. If the tour operator incurred lower costs for the implementation of the changed trip or substitute trip of equivalent quality, the difference amount is to be refunded to the traveler in accordance with § 651m (2) BGB.

4. Price Changes After Conclusion of the Contract

4.1. The tour operator may only increase prices by up to 8% of the travel price if the increase in the travel price directly results from:

·        Increase in the cost of passenger transport due to higher costs for fuel or other energy sources,

·        Increase in taxes and other charges for agreed travel services, such as tourist taxes, port or airport fees, or

·        Change in exchange rates applicable to the respective package tour.

The resulting changes to the agreed and changed travel price (difference) are calculated according to the number of travelers, converted per person, and the travel price is proportionally increased. If the tour operator does not clearly and understandably inform the traveler via email, fax, SMS, in paper form, etc., about the price increase, the reasons, and the calculation no later than 20 days before the start of the journey, the price increase is not effective.

4.2. If the price increase reserved under Clause 4.1 exceeds 8% of the travel price, the tour operator cannot make it unilaterally, but only under the strict conditions of § 651g BGB. In this case, the tour operator may offer the traveler a corresponding price increase and require the traveler to accept it within a reasonable period determined by the tour operator or withdraw from the travel contract according to the provisions of § 651g BGB.

4.3. The traveler can demand a reduction in the travel price if and to the extent that the prices, charges, or exchange rates mentioned in Clause 4.1 have changed after the conclusion of the contract and before the start of the journey, resulting in lower costs for the tour operator. If the traveler has paid more than the amount owed as a result, the excess amount is to be refunded by the tour operator. The tour operator may deduct the actual administrative expenses incurred from the amount to be refunded. Upon request by the traveler, the tour operator must demonstrate the amount of administrative expenses incurred.

5. Cancellation by the Traveler Before the Start of the Trip / Cancellation Fees / Replacement Traveler

5.1. The traveler may withdraw from the package travel contract at any time before the start of the trip. The cancellation must be communicated to the tour operator. If the trip was booked through a travel agent, the cancellation can also be communicated to them. It is recommended that the traveler communicate the cancellation on a durable medium.

5.2. If the traveler withdraws before the trip commences, the tour operator forfeits the right to the travel price. Instead, the tour operator may demand reasonable compensation, provided that the withdrawal is not attributable to them or extraordinary circumstances occur at the destination or in its immediate vicinity that significantly affect the performance of the package travel or the carriage of persons to the destination. Circumstances are unavoidable and extraordinary if they are beyond the control of the tour operator and their consequences could not have been avoided even if all reasonable measures had been taken.

5.3. The amount of compensation is determined based on the travel price minus the value of expenses saved by the tour operator and minus what they acquire through alternative use of the travel services. The amount of compensation is to be justified upon request of the traveler by the tour operator. The tour operator has established the following compensation lump sums, taking into account the period between the declaration of withdrawal and the start of the journey as well as the expected savings of expenses by the tour operator and the expected acquisition through alternative use of the travel service. Compensation is calculated based on the time of receipt of the withdrawal declaration with the following cancellation schedule:

High mountain hikes, trekking tours, and long-distance travels:

·        until 45 days before the start of the journey: 30% of the travel price;

·        from 44th day to 30th day before the start of the journey: 50% of the travel price;

·        from 29th day to 15th day before the start of the journey: 75% of the travel price;

·        from 14th day to 7th day before the start of the journey: 85% of the travel price;

·        from 6th day before the start of the journey: 95% of the travel price.

5.4. The traveler is always allowed to prove that the reasonable compensation due to the tour operator is significantly lower than the compensation lump sum demanded by them.

5.5. The tour operator reserves the right to demand individually calculated compensation instead of the aforementioned compensation lump sums. In this case, the tour operator is obliged to quantify and justify the compensation demanded, taking into account the saved expenses and minus what they acquire through alternative use of the travel services.

5.6. If the tour operator is obliged to refund the travel price as a result of a cancellation, they must do so promptly, but in any case within 14 days of receiving the cancellation declaration.

5.7. The traveler's statutory right, according to § 651e BGB, to demand from the tour operator by means of communication on a durable medium that a third party enters into the rights and obligations arising from the package travel contract instead of them, remains unaffected by the above contractual provisions. Such a declaration is timely in any case if it is received by the tour operator 7 days before the start of the journey.

6. Cancellation Due to Failure to Reach the Minimum Number of Participants

6.1. The tour operator may only withdraw from the package travel contract due to failure to reach the minimum number of participants if:

· the minimum number of participants is specified in the respective pre-contractual information, along with the deadline by which the declaration must be received by the traveler before the contractually agreed travel start date, and

· the minimum number of participants and the latest withdrawal deadline are stated in the travel confirmation.

The withdrawal must be communicated to the traveler no later than 32 days before the agreed travel start date. If it becomes apparent at an earlier date that the minimum number of participants cannot be reached, the tour operator must promptly exercise their right of withdrawal.

6.2. If the trip is not carried out for this reason, the tour operator must refund payments made by the traveler towards the travel price promptly, in any case within 14 days of receiving the withdrawal declaration.

7. Termination Due to Behavioral Reasons

The tour operator may terminate the package travel contract without observing a notice period if the traveler persistently disrupts despite a warning from the tour operator or if they behave in such a manner contrary to the contract that immediate termination of the contract is justified. This does not apply if the breach of contract is causally related to a breach of information obligations by the tour operator. If the tour operator terminates the contract, they retain the right to the travel price. However, they must deduct the value of the expenses saved and any benefits derived from alternative use of the services not utilized, including any amounts reimbursed to them by the service providers.

8. Obligations of the Travelers

8.1. Reporting Defects / Request for Remedy

If the trip is not provided free of defects, the traveler can request remedial action. If the tour operator could not remedy the defect due to the traveler's culpable failure to report it, the traveler cannot assert claims for reduction under § 651m BGB or claims for damages under § 651n BGB.

The traveler is obliged to report defects promptly to the representative of the tour operator on site. If a representative of the tour operator is not present on site and not contractually owed, any travel defects should be reported to the tour operator at the provided contact address. The accessibility of the tour operator's representative or their contact point on-site is communicated in the travel confirmation.

However, the traveler can also report the defect to their travel agent through whom the package tour was booked.

The tour operator's representative is responsible for remedial action if feasible. However, they are not authorized to acknowledge claims.

8.2. Setting a Deadline Before Termination

If the traveler intends to terminate the package travel contract under § 651l BGB due to a significant travel defect as defined in § 651i (2) BGB, they must first set a reasonable deadline for the tour operator to remedy the situation. This does not apply if the tour operator refuses to remedy the situation or if immediate action is required.

8.3. Baggage Damage and Delay for Air Travel; Reporting Deadlines

- The traveler is advised that baggage damage and delay related to air travel must be reported promptly on-site through a damage report ("P.I.R.") to the relevant airline in writing. Airlines and tour operators may reject reimbursements based on international agreements if the damage report is not completed. The damage report must be submitted for baggage damage within 7 days and for baggage delay within 21 days after the baggage is handed over.

- In addition, the loss, damage, or misdirection/delay of baggage must be reported promptly to the tour operator, their representative or contact point, or the travel agent. However, this does not exempt the traveler from submitting the damage report to the airline ("P.I.R.") within the aforementioned deadlines.

8.4. Travel Documents

The traveler must inform the tour operator or their travel agent through whom the package tour was booked if they do not receive the necessary travel documents (e.g., flight ticket, hotel voucher) within the timeframe communicated by the tour operator.

9. Limitation of Liability

9.1. The contractual liability of the tour operator for damages that are not bodily injuries and were not culpably caused is limited to three times the travel price. Any claims beyond this based on international agreements or resulting from such legal provisions remain unaffected by the limitation.

9.2. The tour operator is not liable for service disruptions, personal and property damage related to services that are merely intermediated as third-party services (e.g., excursions) if these services are explicitly identified as third-party services in the travel description and confirmation, including the identity and address of the mediated contractual partner, so clearly that they are recognizably not part of the tour operator's package tour and were selected separately. Sections 651b, 651c, 651w, and 651y BGB remain unaffected thereby. However, the tour operator is liable if and to the extent that the breach of the tour operator's duty to provide information, clarification, or organization caused damage to the traveler

9.3. Claims under §§ 651i nos. 2, 4 to 7 BGB must be asserted against the tour operator. The assertion can also be made through the travel agent if the package tour was booked through this travel agent. Assertion in a durable medium is recommended.

9.4. With regard to the Law on Consumer Dispute Resolution, the tour operator informs that they do not participate in voluntary consumer dispute resolution. If consumer dispute resolution becomes mandatory for the tour operator after the printing of these General Terms and Conditions for Package Tours, the tour operator will inform the traveler accordingly in an appropriate manner. For all travel contracts concluded electronically, the tour operator refers to the European Online Dispute Resolution platform: ec.europa.eu/consumers/odr/

10. Information Obligations Regarding the Identity of the Operating Air Carrier

The EU Regulation on informing passengers about the identity of the operating air carrier obliges the tour operator to inform the customer about the identity of the operating airline(s) for all flight transport services to be provided as part of the booked trip when making the booking.

If the operating airline is not yet known at the time of booking, the tour operator must inform the traveler of the airline(s) that are likely to operate the flight(s). As soon as the tour operator knows which airline will operate the flight, they must inform the traveler. If the airline designated to the traveler as the operating carrier changes, the tour operator must inform the traveler of the change. They must take all reasonable steps to ensure that the traveler is informed of the change as soon as possible. The list of airlines with EU flight bans (Community List) can be found on the following website: ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm

11. Passport, Visa, and Health Requirements

11.1. The tour operator will inform the traveler about general passport and visa requirements as well as health regulations of the destination country, including the approximate deadlines for obtaining any necessary visas, before the contract is concluded, and about any changes before the trip begins.

11.2. The traveler is responsible for obtaining and carrying the necessary travel documents from the authorities, any required vaccinations, and compliance with customs and currency regulations. Disadvantages arising from non-compliance with these regulations, such as the payment of cancellation fees, are the responsibility of the traveler. This does not apply if the tour operator did not, inadequately, or incorrectly inform.

11.3. The tour operator is not liable for the timely issuance and receipt of necessary visas by the respective diplomatic mission if the traveler has entrusted them with the procurement, unless the tour operator has violated their own duties.

12. Severability Clause

The invalidity of individual provisions of the package travel contract does not result in the invalidity of the entire package travel contract. The same applies to the above General Terms and Conditions for Package Tours.

13. Name and Address of the Package Tour Organizer

berghorizonte GmbH

Alatseestr. 18, D-87629 Füssen

Telefon: 0049-8362-9308672, Notfall Hotline: 0049-171 26 40 562 oder 0049-160 97 36 35 19

info@berg-horizonte.de / http://www.berghorizonte.de / www.bhutan-horizonte.de

Managing director: Christian Schubert

HRB 16656 Amtsgericht Kempten (Allgäu) / UST-ID: DE 261745527

Insolvency insurance, security certificate according to § 651r BGB:

Zurich Insurance plc

Niederlassung für Deutschland (Branch for Germany)

Platz der Einheit 2

D-60327 Frankfurt/Main

Contract-Number.: 2-008-246