Terms of travel
1. The registration
With your registration you bindingly offer us the conclusion of a travel contract under inclusion of the travel and payment conditions based on the description in the catalogue. The travel contract is concluded with the acceptance of the registration on our part.
2. Payment
With contract conclusion, a down payment of 20% is demanded. Further payments become due on the agreed date. The bankruptcy insurance policy is handed over to you together with the booking confirmation. Please pay attention that for transfers from foreign countries, the total amount must be booked to our account without fees.
3. Price modifications
a) The tour operator can demand price increases of up to 5% of the total travel prices four months after contract conclusion, if an increase of the travel costs, the fees for certain services like harbour or airport fees, or a change of the exchange rate applicable to the tour occurs and is proven. Price increases based on the above circumstances are only admissible to the extent that the increase based on the travel, fee and exchange rate part has an effect on the tour price when calculated concretely.
b) A price increase can only be demanded up to the 21st day prior to the agreed departure date. The customer must be informed of price modifications admissible according to item 3.a) by the tour operator immediately after gaining knowledge of the reason for the price increase.
c) In case of price increases after contract conclusion by more than 5 % of the total tour price the customer can cancel free of charge or instead demand participation in a different tour of at least equal value if the tour operator is able to offer such a tour to the customer without surcharge.
d) The customer shall enforce the rights according to item 3.c) towards the tour operator immediately after declaration of the tour operator.
4. Guarantees
If the tour is not fulfilled according to contract, the customer can demand remedy. The tour operator can also provide remedy by providing a service of equal value. The tour operator can deny the remedy if it requires a disproportionate effort. For the duration of a provision of the tour not according to contract, the customer can demand an adequate reduction of the tour price (rebate). The tour price is to be reduced at the ratio in which the value of the tour in faultless condition would have been to the actual value at the time of sales. The reduction does not occur insofar the customer culpably refrains to declare the fault. If a tour is significantly impeded due to a fault, and the tour operator does not provide remedy within an adequate term, the customer can cancel the contract in the framework of the legal conditions – in his own interest and in order to document such action, in writing. This also applies if the customer cannot be reasonably expected to take part in the tour due to a fault for an important reason recognizable for the organizer. The need to set a period within which remedy is to be provided shall apply in all cases except those in which remedy is impossible or denied by the tour organizer or immediate termination of the agreement is justified by the customer's special interest.
The customer owes the tour organizer that part of the tour price accruing in connection with the services utilized, to the extent that they were of interest for him.
The customer can demand damage compensation due to non-fulfilment irrespective of the reduction or cancellation, unless the fault of the tour is based on a circumstance for which the tour operator is not responsible.
5. Exclusion of claims and statue of limitations
The customer is to enforce claims towards the tour operator based on the non-fulfilment of the contracted tour within one month after contractually intended termination of the tour. After expiration of this period, the customer can enforce claims if he was prevented from adhering to the period without culpability.
Claims of the customer according to §§ 651 c to 651 f BGB come under the statute of limitations after one year. The statute of limitations commences on the day on which the tour should have ended according to the contract. If there are negotiations concerning the claim or the circumstances justifying the claim open between the customer and the tour operator, the statute of limitations is impeded until the customer or the tour operator denies the continuance of the negotiations. The statute of limitations commences at the earliest 3 months after the termination of the impediment.
All clams must be enforced to the following address:
KVS tours GmbH, Barkhausenstr. 29, D-27568 Bremerhaven.
6. Liability and limitations of liability
You are responsible for adhering to the Highway Code. We are liable in the framework of due diligence for the precise travel preparation, the careful selection and monitoring of the service providers, the correctness of the service description, and for the proper fulfilment of the contractually agreed service. Our liability in the framework of the travel contract law for damages that are not personal injuries is limited to the triple amount of the tour price, insofar the damage is not caused by intention or gross negligence, or we are only liable due to the culpability of a service provider. We assume liability for all damage compensation claims from inadmissible action, for damages that are not personal injuries and are not based on intention or gross negligence with a maximum of € 4100,– per tour and guest. Our liability is also limited insofar international agreements restricting or excluding liability or legal regulations based on such are applicable. Specifically the clause of §664 HGB for marine traffic, the agreement concerning the international train traffic (COTIF) and the proprietor liability in the §§ 701 ff BGB limit our liability in the legal framework.
7. Travel formalities, health requirements
You require a passport that is valid until the end of the tour for travels within the EU. You are responsible for the compliance to all regulations relating to the performance of the tour. You are liable for any disadvantages arising out of non-compliance to such provisions, unless they are due to incorrect or deficient information culpably provided by us. We may bill corresponding cancellation fees if entry regulations are not adhered to and you therefore cannot participate in the tour. The offered tours are active tours. You are responsible for ensuring that you can meet the physical requirements.
8. Cancellation by KVS tours GmbH
Should a minimum participant count of 10 guests for a tour not be reached, we can cancel the contract up to 28 days prior to the commencement of the tour. Already conducted payments are returned promptly. There are no further claims.
9. Cancellation or rebooking by the customer
You can cancel anytime prior to the commencement of the tour. We recommend filing the cancellation in writing. We will then promptly send you a cancellation confirmation. In case of cancellation on your part we demand compensation in % of the tour price for the already performed tour preparations.
Cancellation conditions surcharge on existing dates and routes
You do have the right to prove to us that a damage caused by a cancellation did not occur at all or is significantly lower than the compensation lump sum.
If changes regarding the travel date, destination, accommodation or flight connection (rebooking) are conducted by your request after contract conclusion, we charge a rebooking fee of € 25.00 per person up to 50 days prior to tour commencement. Later rebooking can only be conducted if possible after cancellation and new booking. A change of name respectively the assignment of a substitute person for an already booked tour is generally possible. The substitute person must meet the requirements of the tour and there may be no legal or authoritative regulations that oppose the participation of this person in the tour. In this case the accruing surcharges plus a processing fee amounting to € 25.00 are billed. For rebooking for train arrivals the special rebooking regulations on the page “Arrival by train” are applicable. In addition, a right to carriage is only given if the full travel price was booked to one of our accounts. The respective cancellation conditions of the airline are applicable for the booking of flights that are not part of our offered package tour. By request we will gladly inform you about the respectively applicable cancellation conditions prior to every flight booking. In tours that are done in cooperation with a local contract partner, we are only mediators. Possible regress claims are billed to the respective tour operator.
10. Due diligence requirements
You are only liable for damages or loss of bicycles or equipment assigned to you if you moved away from the travel guide and were no longer in the area of influence of the travel guide, if you disregard instructions from the travel guide concerning the handling and/or securing of the devices or if you act negligent, grossly negligent or intentional and thus cause the damage or loss. On individual bike tours with no travel guide you are liable for damages and loss of bicycles and equipment assigned to you for use.
11. Insurances
We recommend that you take out insurance for baggage, travel accidents, cancellation and if necessary travel health insurance and personal liability insurance. These insurances are not included in the stated travel price. We will send you documents about the insurances with the booking confirmation. In order to avoid unnecessary double insurances we recommend that you inform yourself about already given protection from existing insurances.
12. Services, modification of services
The extent of the contractual service is stated in the program and service description, as well as the travel confirmation. Modifications or deviations of single travel services from the agreed content of the travel contract that become necessary after contract conclusion and were not caused by us contrary to good faith are only admissible if the modifications are not significant and do not impede the overall model of the booked tour.
13. Description of day programmes
The travel course of the tours may change if local circumstances require this (e.g. weather, changed opening hours, changed timetables).Then, the program announced on the previous day is decisive.
14. Insolvency protection
We ensured that the tour price you paid will be returned to you in case of inability to pay or concourse, insofar tour services are cancelled due to this reason. You will also receive compensation for the necessary expenses for return trips, insofar they accrue due to this reason.
15. Final clauses
The invalidity of individual clauses of the general travel conditions does not cause the voidness of the complete travel contract. You can only file a lawsuit against us at our residence in Bremerhaven. Your residence is decisive for lawsuits from us. If the lawsuit is directed against registered traders that do not have a general place of jurisdiction in the country or against people that have relocated their residence or habitual residence outside of the country after contract conclusion, or whose residence or habitual residence is not known at the time the suit is filed, our place of residence, meaning Bremerhaven, is decisive.
With your registration you bindingly offer us the conclusion of a travel contract under inclusion of the travel and payment conditions based on the description in the catalogue. The travel contract is concluded with the acceptance of the registration on our part.
2. Payment
With contract conclusion, a down payment of 20% is demanded. Further payments become due on the agreed date. The bankruptcy insurance policy is handed over to you together with the booking confirmation. Please pay attention that for transfers from foreign countries, the total amount must be booked to our account without fees.
3. Price modifications
a) The tour operator can demand price increases of up to 5% of the total travel prices four months after contract conclusion, if an increase of the travel costs, the fees for certain services like harbour or airport fees, or a change of the exchange rate applicable to the tour occurs and is proven. Price increases based on the above circumstances are only admissible to the extent that the increase based on the travel, fee and exchange rate part has an effect on the tour price when calculated concretely.
b) A price increase can only be demanded up to the 21st day prior to the agreed departure date. The customer must be informed of price modifications admissible according to item 3.a) by the tour operator immediately after gaining knowledge of the reason for the price increase.
c) In case of price increases after contract conclusion by more than 5 % of the total tour price the customer can cancel free of charge or instead demand participation in a different tour of at least equal value if the tour operator is able to offer such a tour to the customer without surcharge.
d) The customer shall enforce the rights according to item 3.c) towards the tour operator immediately after declaration of the tour operator.
4. Guarantees
If the tour is not fulfilled according to contract, the customer can demand remedy. The tour operator can also provide remedy by providing a service of equal value. The tour operator can deny the remedy if it requires a disproportionate effort. For the duration of a provision of the tour not according to contract, the customer can demand an adequate reduction of the tour price (rebate). The tour price is to be reduced at the ratio in which the value of the tour in faultless condition would have been to the actual value at the time of sales. The reduction does not occur insofar the customer culpably refrains to declare the fault. If a tour is significantly impeded due to a fault, and the tour operator does not provide remedy within an adequate term, the customer can cancel the contract in the framework of the legal conditions – in his own interest and in order to document such action, in writing. This also applies if the customer cannot be reasonably expected to take part in the tour due to a fault for an important reason recognizable for the organizer. The need to set a period within which remedy is to be provided shall apply in all cases except those in which remedy is impossible or denied by the tour organizer or immediate termination of the agreement is justified by the customer's special interest.
The customer owes the tour organizer that part of the tour price accruing in connection with the services utilized, to the extent that they were of interest for him.
The customer can demand damage compensation due to non-fulfilment irrespective of the reduction or cancellation, unless the fault of the tour is based on a circumstance for which the tour operator is not responsible.
5. Exclusion of claims and statue of limitations
The customer is to enforce claims towards the tour operator based on the non-fulfilment of the contracted tour within one month after contractually intended termination of the tour. After expiration of this period, the customer can enforce claims if he was prevented from adhering to the period without culpability.
Claims of the customer according to §§ 651 c to 651 f BGB come under the statute of limitations after one year. The statute of limitations commences on the day on which the tour should have ended according to the contract. If there are negotiations concerning the claim or the circumstances justifying the claim open between the customer and the tour operator, the statute of limitations is impeded until the customer or the tour operator denies the continuance of the negotiations. The statute of limitations commences at the earliest 3 months after the termination of the impediment.
All clams must be enforced to the following address:
KVS tours GmbH, Barkhausenstr. 29, D-27568 Bremerhaven.
6. Liability and limitations of liability
You are responsible for adhering to the Highway Code. We are liable in the framework of due diligence for the precise travel preparation, the careful selection and monitoring of the service providers, the correctness of the service description, and for the proper fulfilment of the contractually agreed service. Our liability in the framework of the travel contract law for damages that are not personal injuries is limited to the triple amount of the tour price, insofar the damage is not caused by intention or gross negligence, or we are only liable due to the culpability of a service provider. We assume liability for all damage compensation claims from inadmissible action, for damages that are not personal injuries and are not based on intention or gross negligence with a maximum of € 4100,– per tour and guest. Our liability is also limited insofar international agreements restricting or excluding liability or legal regulations based on such are applicable. Specifically the clause of §664 HGB for marine traffic, the agreement concerning the international train traffic (COTIF) and the proprietor liability in the §§ 701 ff BGB limit our liability in the legal framework.
7. Travel formalities, health requirements
You require a passport that is valid until the end of the tour for travels within the EU. You are responsible for the compliance to all regulations relating to the performance of the tour. You are liable for any disadvantages arising out of non-compliance to such provisions, unless they are due to incorrect or deficient information culpably provided by us. We may bill corresponding cancellation fees if entry regulations are not adhered to and you therefore cannot participate in the tour. The offered tours are active tours. You are responsible for ensuring that you can meet the physical requirements.
8. Cancellation by KVS tours GmbH
Should a minimum participant count of 10 guests for a tour not be reached, we can cancel the contract up to 28 days prior to the commencement of the tour. Already conducted payments are returned promptly. There are no further claims.
9. Cancellation or rebooking by the customer
You can cancel anytime prior to the commencement of the tour. We recommend filing the cancellation in writing. We will then promptly send you a cancellation confirmation. In case of cancellation on your part we demand compensation in % of the tour price for the already performed tour preparations.
Cancellation conditions surcharge on existing dates and routes
Car-, Train- and Bus journey
| up to 50. days prior to tour commencement | 10 % |
| 49. - 30. days prior to tour commencement |
20 % |
| 29. - 15 days prior to tour commencement | 30 % |
| 14. - 07.days prior to tour commencement | 50 % |
| 06. days prior to tour commencement | 75 % |
| in case of no-show |
90 % |
Cruise
| up to 30. days prior to tour commencement | 20 % |
| 29. - 22 days prior to tour commencement | 50 % |
| 21. days prior to tour commencement | 75 % |
| in case of no-show | 90 % |
Flight
| up to 30. days prior to tour commencement | 25 % |
| 29. - 15 days prior to tour commencement | 35 % |
| 14. - 07.days prior to tour commencement | 50 % |
| 06. days prior to tour commencement | 85 % |
| in case of no-show | 90 % |
Bike & Barge
| up to 84. days prior to tour commencement | 10 % |
| 83. - 42 days prior to tour commencement | 30 % |
| 41. - 28 days prior to tour commencement | 60 % |
| 27. - 4 days prior to tour commencement | 80 % |
| 3 days prior to tour commencement and in case of no-show | 90 % |
You do have the right to prove to us that a damage caused by a cancellation did not occur at all or is significantly lower than the compensation lump sum.
If changes regarding the travel date, destination, accommodation or flight connection (rebooking) are conducted by your request after contract conclusion, we charge a rebooking fee of € 25.00 per person up to 50 days prior to tour commencement. Later rebooking can only be conducted if possible after cancellation and new booking. A change of name respectively the assignment of a substitute person for an already booked tour is generally possible. The substitute person must meet the requirements of the tour and there may be no legal or authoritative regulations that oppose the participation of this person in the tour. In this case the accruing surcharges plus a processing fee amounting to € 25.00 are billed. For rebooking for train arrivals the special rebooking regulations on the page “Arrival by train” are applicable. In addition, a right to carriage is only given if the full travel price was booked to one of our accounts. The respective cancellation conditions of the airline are applicable for the booking of flights that are not part of our offered package tour. By request we will gladly inform you about the respectively applicable cancellation conditions prior to every flight booking. In tours that are done in cooperation with a local contract partner, we are only mediators. Possible regress claims are billed to the respective tour operator.
10. Due diligence requirements
You are only liable for damages or loss of bicycles or equipment assigned to you if you moved away from the travel guide and were no longer in the area of influence of the travel guide, if you disregard instructions from the travel guide concerning the handling and/or securing of the devices or if you act negligent, grossly negligent or intentional and thus cause the damage or loss. On individual bike tours with no travel guide you are liable for damages and loss of bicycles and equipment assigned to you for use.
11. Insurances
We recommend that you take out insurance for baggage, travel accidents, cancellation and if necessary travel health insurance and personal liability insurance. These insurances are not included in the stated travel price. We will send you documents about the insurances with the booking confirmation. In order to avoid unnecessary double insurances we recommend that you inform yourself about already given protection from existing insurances.
12. Services, modification of services
The extent of the contractual service is stated in the program and service description, as well as the travel confirmation. Modifications or deviations of single travel services from the agreed content of the travel contract that become necessary after contract conclusion and were not caused by us contrary to good faith are only admissible if the modifications are not significant and do not impede the overall model of the booked tour.
13. Description of day programmes
The travel course of the tours may change if local circumstances require this (e.g. weather, changed opening hours, changed timetables).Then, the program announced on the previous day is decisive.
14. Insolvency protection
We ensured that the tour price you paid will be returned to you in case of inability to pay or concourse, insofar tour services are cancelled due to this reason. You will also receive compensation for the necessary expenses for return trips, insofar they accrue due to this reason.
15. Final clauses
The invalidity of individual clauses of the general travel conditions does not cause the voidness of the complete travel contract. You can only file a lawsuit against us at our residence in Bremerhaven. Your residence is decisive for lawsuits from us. If the lawsuit is directed against registered traders that do not have a general place of jurisdiction in the country or against people that have relocated their residence or habitual residence outside of the country after contract conclusion, or whose residence or habitual residence is not known at the time the suit is filed, our place of residence, meaning Bremerhaven, is decisive.