Terms and Conditions of Travel for Viaduro
Conclusion of the travel contract
(1) With the completion of the registration, the client bindingly offers the tour operator Viaduro (Viaduro GbR, Sabine and Darja Schlote, referred to as Viaduro in the following) to conclude a travel contract.
(2) The registration can be made in writing, verbally, by telefax or in electronic form (e-mail, internet). The registering client is liable for liabilities of all additionally registered travelers within the same registration if he declared such liability in an explicit and separate declaration.
(3) A travel contract is concluded when the tour operator Viaduro accepts it. The acceptance by Viaduro does not require a specific format. At or immediately after the conclusion of the contract, Viaduro will send the client a written travel confirmation along with the risk coverage certificate.
(4) If the content of the travel confirmation deviates from the content of the registration, a new offer by Viaduro is in existence, to which Viaduro is bound for a duration of 10 days. The travel contract is concluded based on the new offer if the client declares acceptance within the time limit. Acceptance can be declared explicitly or conclusively, for example by paying the deposit amount, paying the remaining balance or by commencement of travel.
(1) Clients within the meaning of these terms and conditions are natural persons that enter business relations with Viaduro, without this being attributable to their commercial or self-employed business activities.
(2) Entrepreneur within the meaning of these terms and conditions are natural and juristical persons or partnerships with legal capacity, that enter business relations with the agency while acting within the means of their commercial or self-employed activities.
(3) Organizer within the means of these terms and conditions is Viaduro.
(1) Any payments to the travel price prior to the completion of the journey may only be made against the delivery of the risk coverage certificate according to § 651 r, BGB. A deposit payment amounting to 20% of the total travel cost is due immediately after receiving the travel confirmation and the risk coverage certificate. The deposit payment is to be paid to the business account of Viaduro mentioned below and will be credited towards the total travel costs.
(2) The remaining balance of the total travel cost is, as far as the risk coverage certificate has been delivered and nothing else has been agreed upon in individual cases, to be paid until 30 days prior to the commencement of the journey if the conduct of the journey is certain. The remaining balance has to be received by Viaduro unsolicited. Decisive for the timely manner of the payment is the credit entry thereof on the account of the tour operator.
(3) For short-term registrations less than two weeks prior to the commencement of the journey, the total price is due immediately after receiving the risk coverage certificate and has to be paid to the tour operator.
(4) Failure to perform the payment of the deposit and/or the remaining balance has no effect on the effectiveness of the travel contract. As far as Viaduro is willing and able to deliver the service, there is no entitlement to the travel service without completion of the payment of the remaining balance. An exception arises for legally or contractually agreed upon rights of retention of the client.
(5) If the total price has not been paid although it was due and Viaduro has set a time limit, Viaduro may decline the performance of the journey and charge the client with cancellation fees according to clause 4.
(1) The services that are contractually agreed upon result from the performance specifications in the brochure and/or the internet portal of Viaduro and the referring specifications in the travel confirmation. The specifications included in the brochure or the internet portal are binding for Viaduro.
(2) Viaduro expressly reserves the right to, due to objectively justified, substantial and unforeseeable reasons prior to the conclusion of the contract, declare an amendment of the specifications in the brochure of which the client will be informed prior to their reservation.
(3) If an individual journey is planned upon the client’s request, the contractual obligations only apply to the specific offer and the corresponding registration confirmation.
Withdrawal by the client, cancellation, transfers, substitute persons
(1) The client can withdraw from the travel contract at any time prior to the commencement of the journey by issuing a declaration towards Viaduro. Decisive is the access to the letter of resignation by the tour operator. The client is recommended to declare the withdrawal in writing.
(2) In the case of withdrawal by the client, Viaduro is entitled to lump-sum indemnities considering normally saved expenses and possible other utilization of the travel services.
(3) Therefore, the following charges apply:
- up to the 42nd day before the start of the journey: 20%.
- up to the 30th day before the start of the journey: 30%.
- until the 15th day before the start of the journey: 40%.
- up to the 7th day before the start of the journey: 60%.
- up to the 3rd day before the start of the journey: 80%.
- from the 2nd day before the start of the trip and in case of no-show: 85%.
(4) The client is permitted to prove to the tour operator Viaduro that he encountered no or fewer cost than the applied lump-sum fee. In this case, the client is only obliged to pay for the encountered costs.
(5) Viaduro reserves the right to charge the client with a higher compensation in individual cases, according to the costs it encountered, concretely named and proofed.
(6) A legal claim to amendments with regard to the travel date, the destination, the accommodation, or the type of meals (transfer) is non-existent. If amendments are conducted after the contract has been concluded upon request of the client (transfers), Viaduro charges a transfer fee of 50,00 EUR per amendment procedure up to 30 days before the commencement of the journey. Amendment requests that reach Viaduro after the expiration of this period can, if the amendment is possible after all, only be conducted after the client has withdrawn from the contract at the existing conditions and registered again. This does not apply to amendment requests that only provoke low costs.
(7) If the client is not able to start the journey, it is possible to define a substitution person until the commencement of the journey, who takes the initial client’s position with regards to his rights and obligations arising from the travel contract. The client has to inform Viaduro of the substitution person prior to the journey. The tour operator reserves the right to decline this person if he or she does not meet the requirements for the journey, it is not possible to include him or her into the journey due to organizational issues or legal requirements or official orders prohibiting the person from being part of this journey. The person entering the contract as well as the initial client are liable together towards the tour operator for the total travel costs and any additional costs arising from the substitution of the traveler.
Viaduro recommends the conclusion of a travel cancellation insurance and a foreign health insurance. You can receive information regarding travel insurances from Viaduro upon request.
Reimbursement of services that have not been used
If the client does not make use of individual travel services due to premature return or other obligatory reasons, the tour operator will try to reimburse saved expenses. This obligation does not apply when the service is of minor importance or when legal or official regulations oppose reimbursement.
Withdrawal and cancellation by the tour operator
Viaduro can withdraw from the travel contract or cancel the contract after the commencement of the journey in the following cases:
1. Without adherence to a limit:
If the client is sustainably disturbing the performance of the journey despite a warning by the tour operator or if he is behaving contrary to the contract in such a manner, that the instant cancellation of the contract is justified. The local authorized representatives of Viaduro are in such cases empowered to exercise the rights of Viaduro. If Viaduro cancels the contract, he retains the entitlement on the travel price; however he has to take into account the value of the saved expenses which he receives from the other use of services that have not been made use of, including any sums that may have been credited by other service providers.
2. Until two weeks prior to the commencement of the journey:
If an announced or officially designated minimum number of participants cannot be reached, Viaduro is entitled to withdraw from the contract, given that the description of the specific journey informed the client about the minimum number of participants. If the performance of the journey becomes unbearable after all resources have been made use of, due to such few registrations that the performance of the journey would lead to costs exceeding the financial limit, the client will immediately be reimbursed the paid price. The client has to be notified immediately after the conditions are met and the price is to be reimbursed immediately.
3. Until 4 weeks prior to the commencement of the journey:
If the performance of the journey is not bearable after all resources have been made use of, due to such few registrations that the performance of the journey would lead to costs exceeding the financial limit, the tour operator can withdraw from the contract. The right of retention only applies if Viaduro is not responsible for the relevant circumstances (e.g.no calculation errors) and he can prove the circumstances leading to the withdrawal and he has offered the client a comparable replacement. If the journey is cancelled due to these reasons, the client will be reimbursed the paid price immediately. Additionally, the client will be reimbursed his booking expenses if he does not make use of the replacement offered by the tour operator.
Cancellation of the contract due to exceptional circumstances
If the journey is cancelled due to force majeure which could not be foreseen when the contract was concluded but considerably impedes, endangers or influences the journey, both the tour operator and the client can withdraw from the contract. If the contract is cancelled, the tour operator can claim appropriate reimbursement for services that have already been delivered or that need to be delivered to terminate the journey.
The tour operator is obliged to take all necessary measures, especially if the contract comprises repatriation. Arising additional costs for repatriation are to be paid for by both parties, with each party being liable for half of the cost. Other additional costs need to be covered by the client.
Obligations and withdrawal of the client, warranty, exclusion of claims, limitation
(1) In the case that the journey has not been performed according to the contract, the client can claim remedy. The tour operator Viaduro can deny remedy if it would result in disproportionate effort. The tour operator can also provide remedy by performing a similar or superior replacement service. Occurring deficiencies must be immediately reported to the local tour guide or through the address/phone number mentioned below.
(2) If a journey is affected substantially by a deficiency and the tour operator does not provide remedy within an appropriate time limit, the client can withdraw from the contract within the statutory provisions, where a written declaration is recommended.
(3) Viaduro provides information about the obligation of the client to immediately report occurring deficiencies as well as the necessary limit that has to be set by the customer for the tour operator to provide remedy before being able to withdraw from the contract (§ 651 e BGB) in case it is not possible to provide remedy, or the provision of remedy is denied by the tour operator, or if the immediate withdrawal is justified by a special interest. The client is liable toward the tour operator for the cost of all travel services that have been made use of, as far as these services have been of interest for the client.
(4) If the performance of the journey did not correspond to the contract (deficiency), the client is entitled to claim compensation without prejudice to a reduction of the price (reduction) or the withdrawal from the contract, if the deficiency is not based on a circumstance that the tour operator is not liable for.
(5) Travel-contractual warranty claims are to be claimed within one month after the contractually provided termination of the journey towards the tour operator under the address of Viaduro mentioned below. After this limit has expired, the client can only assert claims if he has been prevented from adhering to the limit or if the claims are of tortious nature. Claims of the client according to §§ 651 c – 651 f BGB towards Viaduro become time-barred after two years. The limitation starts with the contractually provided termination of the journey. If negotiations between the client and the tour operator on the claim or the circumstances the claim is based on are in place, the limitations is inhibited until the client or the tour operator decline the continuation of the negotiations.
Obligation to cooperate
The client is obliged to cooperate, prevent, or minimize possible damages arising from defaults within the scope of legal provisions. The client is especially obliged to report any complaints immediately to the local tour guide. Culpable failure to do so will result in a loss of claim on reduction.
Liability of the tour operator and liability limit
(1) The contractual liability of the tour operator Viaduro for damages, which are not physical injuries, is limited to the threefold travel price per journey per person,
a) as far as the damage of the client has not been brought about deliberately or grossly negligent or
b) as far as the tour operator is liable for the damage of the client solely due to the fault of a service provider.
(2) For all tortious claims for damages against the tour operator, that are not based on deliberation or gross negligence, the tour operator bears liability for material damage up to € 4.100; if the threefold travel price exceeds this sum, the liability of the tour operator for material damage is limited to the sum of the threefold travel price per journey per person.
(3) The liability limitations mentioned above against the tour operator are limited or excluded as far as, due to international agreements or provisions based on those, which are to be applied on the services to be supplied by the service provider, a claim for damages against the service provider can only be asserted under certain circumstances or limitations or are excluded under certain circumstances, the tour operator may appeal to those towards the client.
Passport-, visa- and health regulations
(1) Viaduro informs their clients on passport-, visa- and health regulations as well as the possibility of changes prior to the commencement of the journey. It is a precondition that the client is a German citizen. Other circumstances cannot be taken care of, exceptions apply if Viaduro specifically states so.
(2) The client is liable himself for the compliance with all important provisions and regulations for the conduction of the journey. Any disadvantages arising from the non-compliance with these provisions are at the expense of the client, except if the tour operator did not fulfil its information obligation.
(3) The client has to inform himself about customs- und foreign exchange regulations.
(1) Viaduro reserves the right to change the price agreed upon in the travel contract in case of rising transportation costs or fees for certain services, like harbour- or airport taxes or a change of the exchange rates relevant for this journey. When transportations costs, especially fuel costs, rise, the travel price can be raised according to the following measure:
a) For a per-seat cost increase, Viaduro can claim the increased amount from the client. In other cases, the claimed increased transportation costs are to be divided by the number of seats available in the agreed upon mean of transportation. The in this manner calculated extra costs can be claimed from the client.
b) If fees like harbour- or airport taxes are increased towards Viaduro, the travel price can be increased accordingly.
c) If the exchange rate changes, the travel price can be increased within the means of the price increase for Viaduro
(2) An increase of the travel price is only valid if more than 4 months lie between the conclusion of the contract and the provided commencement of the journey and the circumstances leading to the increase in price were neither in place nor foreseeable for Viaduro when the contract has been concluded.
(3) In case of a subsequent change of the travel price or a subsequent change of a substantial travel service, Viaduro must notify the client immediately. A price increase that is claimed after the 20. day prior to the provided commencement of the journey is invalid. If the price increase exceeds 5% or a substantial travel service has been significantly altered, the client is entitled to withdraw from the contract without additional fees or to claim participation in another journey that is at least of similar value, given that Viaduro is able to offer such a journey without additional costs out of its own travel offers.
(1) The client is aware of and he accepts that the necessary personal data to conclude the contract are stored by the tour operator and might be transferred to affiliated companies within the means of the order processing. The client explicitly accepts the collection, processing and use of his personal data.
(2) The stored data is handled confidentially. For the purpose of credit assessment, the tour operator reserves the right to exchange data with credit bureaus.
(3) The collection, processing and use of personal data is made according to the Federal Data Protection Act (BDSG) as well as the German Teleservice Data Protection Act (TDDSG).
(4) The client has the right to revoke his permission with future effect at any time. In this case, the tour operator is obliged to delete the personal data of the client immediately. For present usage, the deletion is due after the termination of the contract.
Applicable law, partial ineffectiveness, place of jurisdiction
(1) Only German law is applied to the travel contract.
(2) Partial ineffectiveness of certain regulations does not lead to ineffectiveness of the whole travel contract.
(3) The tour operator Viaduro can be sued at his seat. The tour operator can sue the client at his residence.
Owners Sabine and Darja Schlote
Tel: +49 (0) 2248 9150609
Fax: +49 (0) 2242 9041591
IBAN: DE33 3705 0299 0082 2735 70
Tax identification number: 220/5406/1165 at the tax office Siegburg