Conditions of participation
1. Organizer:
Organizer is the DAKS, German Alpine and climbing school, Norbert Vorwerg (in the following called organizer, us or we ). All journeys and courses (in the following both called journey) are conscientiously prepared by us. For summit or to subjectively imagined travel success we however can give no warranty.
The attraction of all of our journeys is a breath of adventure, risk, uncertainty or somewhat new unknown quantities. If you consider this along with your reservation, then you will surely keep the booked journey in best memory.
2. Conclusion of the journey contract:
With the registration the customer obligatorily offers to the organizer the conclusion of a journey and/or courses contract (in the following both called contract).The registration can be made in writing, by fax or personally with the organizer. By registration of several contract participants the announcing beside these participants is responsible for their contractual obligations as for its own.
The contract is concluded with the acceptance through the organizer. Immediately after contract conclusion the customer receives a written travel confirmation.
If contents of the travel confirmation deviate to contents of the registration, a new offer of the organizer is present, to which he is bound for the duration of 10 days. The contract concludes on basis of this new offer, if the traveler does not refuse this new offer during the duration period.
The data of the travelers seized in connection with the journey are used exclusively for the execution of the journey and for customer service. In addition a list of the participants, sorted to name and residence, is also handed over to each participant before travel start. If the admission into this list is not wished, this can be explained to the organizer.
3. Payment:
With the receipt of the travel confirmation the reservation is obligatory to the customer and us.
According to German law (§651 BGB) the organizer is insured against insolvency at a first rated insurance in Germany. Together with the travel confirmation the participant receives a guarantee, in Germany named “Sicherungsschein”(protection of participant against unlikely event of insolvency of organizer), which ensures that the participant can not strand abroad and that any money paid in advance will be refunded. With receipt of the “Sicherungsschein” the journey price is due in full height for payment.
If the due journey price is not completely paid on the contractually agreed date, although the customer received the “Sicherungsschein”, the organizer comes free of the achievement and can require the appropriate resignation costs from the participant, if the participant does not have a right for refusal to pay.
4. Achievements:
Determining for all journey achievements are in principle our performance specifications in the valid program booklet, the detailed information letters as well as those on the referring data in the travel confirmation.
5. Achievement and price adjustments:
Changes and deviations of insignificant cruising power outputs of agreed upon contents of the travel contract, which become necessary after contract conclusion and were caused by the organizer not against faithful and faith, are permitted, as far as thereby the total cut of the booked journey is not impaired.
For compelling reasons it remains reserved to us to select another mode of conveyance. The same applies to booked accommodations, whereby the organizer endeavors to make an equivalent accommodation available.
It lies in the discretion of the journey leader to change/alter the program of the journey, if
a) the climatic conditions require it;
b) the present conditions for achievement within the group of participants make it necessary or
c) other compelling reasons. To estimate this is incumbent on the leader of the journey.
The organizer is entitled to increase the travel price after conclusion of a contract if an increase of the transport costs or charges for certain achievements or a change for the journey concerned valid rate of exchange calculation take place and if between conclusion of a contract and the agreed upon journey date lie more than 4 months. In this case the customer will be informed immediately, at the latest however 30 days before journey start. The customer will also receive a justified classification of the cost factors, which led to the increase of the journey price.
By a permissible price increase of over 5% of the journey price or a permissible substantial change the customer can, without costs, withdraw from the contract. After knowledge of the change explanation the customer immediately has to cancel his registration towards the organizer.
Activities named as possibility or optional are not a component of the contractually owed achievements.
6. Confirmation of flights:
The organization of the flight plan and its observance lie in the of responsibility of the airlines and the national coordination authorities. Sometimes short term changes of the flight times, the routing and the aircraft are not avoidable. Customers, who have booked an individual journey or an additional extension, are obligated, to inform themselves about the time of the return flight directly at the airline and to request a confirmation for this.
7. Cancellation by the customer, change of booking date and/or holiday:
The participant can withdraw from the journey contract at any time. Cancellations have to be made in writing and come in force with the date of the entrance at the organizer. If the customer cancels the contract or does not appear by beginning of the journey, without withdrawing from the contract, the organizer can require an appropriate remuneration (= cancellation fee) for the met travel precautions and for their expenditures.
7.1 The organizer can split this requirement in consideration of the following arrangement after the proximity of the time of the resignation to the contractually agreed journey beginning (- in the following called beginning) in proportional relation to the travel price. For this the following percentages are relevant:
up to 45: Days before beginning 5 % at least however EUR 30
44. – 30: Days before beginning 20 % at least however EUR 30
29. – 22: Days before beginning 40 % at least however EUR 30
21. – 15: Days before beginning 60 % at least however EUR 30
14. – 06: Days before beginning 80 % at least however EUR 30
by short term cancellations (starting from 5. Day before beginning) or not starting the journey without declaration of withdrawal by the customer the organizer charges 100 % of the journey price.
Separate cancellation conditions apply on air flights due to national and international regulations. These are automatically sent with the respective performance specification.
7.2 In case of a lack, according to the law, the customer is entitled to cancel a contract. However before cancellation the customer has to indicate the arisen lack to the organizer and give an appropriate period for a remedy achievement, if not the remedy is impossible or refused by the organizer, or if the immediate cancellation of the journey is justified by a special interest of the customer.
7.3 Should the customer, after conclusion of a contract, wish a change regarding the beginning date or destination of the journey, then the organizer is endeavored to meet this desire. Apart from the transfer posting fee of EUR 30, - such costs are charged, which result from the altering of the original reservation and possibly can not be compensated by the new reservation. If this new reservation should again be changed the same procedure would take place. If a complete cancellation is required by the customer the organizer is entitled to cancellation fees as per §§ 7.1
8. Withdrawal or cancellation by the organizer:
In the following cases the organizer can withdraw from the participant contract before the start of the journey or cancel the participant contract after the start of the journey:
8.1 Without adherence of a period, if a participant lastingly disturbs the execution of the journey regardless of a warning through the organizer and/or the journey leader or if he/she behaves in such measure contrary to the terms of the contract that the immediate abolition of the contract is justified. The orders of the journey leader have to be absolutely fulfilled! This applies in particular to measures, which concern the security of the participants and the journey leader. If the organizer and/or the journey leader cancel the journey, the organizer stays entitled to the journey price.
8.2 Up to 14 days before journey start if the minimum numbers of participants have not booked and the need of this minimum number for the appropriate journey was stated in the booking conditions. The explanation that the minimum number of participants has not been reached and therefore the journey has been called off has to arrive the customer at the latest on the14th day before the start of the journey. The participant immediately receives back all payments made. The customer is not entitled to further claims.
8.3 The organizer can cancel the contract before beginning of the journey, if the customer does not follow his obligations, which are necessary for the preparation and regular execution of the journey, despite written request of the organizer.
8.4 Without adherence of a period, if the journey leader states that the demanded conditions in the booking conditions and information letter are not fulfilled by a participant and thus the planned execution of the journey is endangered or even an endangerment of the security of participants or the journey leader is caused. This to estimate is incumbent on the journey leader. Also here the organizer stays entitled to the journey price.
9. Insurance
In principle we recommend the conclusion of a travel resignation cost insurance to the participants. Depending upon the kind of the journey the conclusion of a accident -, foreign patient and luggage insurance is recommendable. It is obligate that every participant is in possession of a sufficient private liability insurance at the beginning of the journey.
10. Abolition of the contract due to unusual circumstances
If the execution of the journey is made more difficult due to unusual circumstances, endangers or impairs, e.g. by war, strike or incidents, which equal the aforementioned examples in their effects (internal unrests, epidemic diseases, sovereign arrangements etc.), then the organizer can withdraw from the contract before journey beginning. With cancellation before beginning of the journey the customer immediately receives the paid journey price returned. If the circumstances mentioned arise after start of the journey, then the organizer and/or the traveler can withdraw from the contract. The organizer carries extra costs for a possible transport back up to halve, other extra costs are to be taken over by the participant. Over it going mutual claims are impossible. Of course the organizer refunds the paid journey price, less a handling charge, if we for our part can cancel the contracts with the service providers.
11. Limitation of liability and registration of claims:
11.1 The adhesion of the organizer is limited up to three times of the journey price so far a damage caused to a participant by us is neither deliberately nor roughly negligently or so far we as organizer are responsible for a damage caused by a service provider. If the achievement furnished by a service provider is subject to national laws, then we can recall to those further going restrictions or conditions.
11.2 We are not responsible for achievement disturbances in connection with achievements, which are only obtained as foreign achievements and which are marked in the travel description expressly as foreign achievement, unless such achievement disturbances are based on a culpable behavior of us in the context of the arrangement.
11.3 If international agreements or on such based laws are valid for achievements furnished by a service provider, according to which a requirement of payment of damages can be made valid only under certain conditions or restrictions or is impossible under certain conditions, then the organizer can recall to this.
11.4 If the organizer, beside the implementing air carrier, comes into the position of a contractual air carrier, then the organizer is liable exclusively according to the regulations of the international agreements, in particular the agreements of Warsaw and Guadalajara. Should the decided agreement of Montreal dated 28.5.1999 come into force and replace the agreements of Warsaw and Guadalajara, the adhesion from then on depends on the into force date of the Montreal agreement.
11.5 So far the organizer comes into the position of a carrier with ship journeys, the adhesion of the organizer exclusive regulates itself according to the regulations of the German commercial code (HGB) §§ 664ff in connection with the 2. Maritime law change (SeeAendG). As far as the implementing carrier can recall to a restriction of his entire liability according to §§ 664ff (HGB) and the 2. Maritime law change (SeeAendG), the organizer is entitled to the same right opposite the participant.
11.6 During all journeys outside of the alpine area (trekking, expeditions...) the participation regarding the mountaineering is on the basis as independent mountain climbers. The mountain mounting take place in own responsibility and on own risk.
11.7 It is to be noted that specially during courses, guidance, trekking and expeditions a increased accident risk exists (falling rocks, column fall, avalanches...), which even cannot be totally reduced and excluded through the prudential and careful support of our mountain leaders. From each participant a substantial measure of sole responsibility and circumspection is presupposed.
11.8 Notices of deficiency, remedy demands are to be addressed to the organizer or the agency of the organizer in the travel area. These are assigned to provide remedy if this is possible and necessary. However they are not authorized to acknowledge requirements with effect against the organizer.
11.9 If the customer wants to take the organizer up on reduction, compensation, expenditure allowance or repayment of the travel price, then he has to announce these requirements against the organizer within a month after the contractually planned completion of the journey.
12. Loss or damage of luggage is to be indicated immediately to the transport enterprise. The transport enterprise is obligated to hand over a written confirmation.
13. Passport -, visa -, customs -, foreign exchange and health regulations:
The participants are responsible for the observance of the passport -, visa -, customs -, foreign exchange and health regulations by themselves. All disadvantages, which arise from a disregard of these regulations, go to the debit of the participant, even if these regulations should be changed after reservation.
13.1 The publication of the above regulations, as well as the periods for the acquisition of these documents, before the reservation of a journey or a cruising power output for the traveler, refer to the conditions at the time of the reservation. It is subordinated thereby that the traveler is citizen of the state, in which the journey is booked, unless the affiliation to another state is recognizable.
13.2 It is clearly pointed out that the possibility of a change of these regulations exists at any time by the national authorities. The organizer will strive in the context of his possibilities of informing the participant of any changes. However we suggest our participants to observe the news media and/or travel references of the Foreign Office because of suddenly arising changes of the regulations in the country to visit in order to be able to adjust itself promptly to the changed circumstances.
13.3 Every participant should inform itself in time about possible infection and inoculation protection as well as other prophylaxis measures, also concerning the thrombosis risk on long distant flights, and if necessary ask for medical advice. General information is given in particular by particular public health authorities, travel-medically experienced physicians, the tropical medical profession, travel-medical news services or the federal center for health clearing-up.
13.4 Should the participant have difficulties because of the mentioned regulations and recommendations, which prevent or impair its participation in the journey, then a free resignation from the journey contract is not justified. Condition for this is that the organizer is ready, in this situation, to meet his part for the achievement contribution and the difficulties mentioned are not to be represented by the organizer as well.
13.5 If the organizer, in accordance with the journey advertisement, provides the necessary visa and/or similar travel documents, this takes place on behalf of the participant. The distribution of visa and/or similar travel documents by the responsible national or foreign authorities is not a component of the achievement obligation of the journey contract. The participant alone carries the risk of the distribution or non distribution of these documents.
14. Organizing leader:
The organizing leaders are usually examined sport teachers, mountain leaders or similar qualified persons for the organizing. In the interest of security it is an absolute consequence to carry out the orders of the leaders (see point 6.1 and 6.3). The leader organizations published by us in the program correspond in each case to the conditions of the printing time and are noncommittal. Changes, even short term, do not entitle a free resignation from the journey contract.
15. Organizing documents:
The organizing documents are sent to the participant at the latest 3 days before the start of the journey to the address indicated in the registration. Condition for this is the entrance of the full invoice amount on the prescribed date. The participant receives the information material together with the registration confirmation.
16. Information and data:
The data given by us in the program correspond to the conditions of printing. All information and instructions, verbal and written kind, are given due to the best knowledge of the organizer.
17. Set period of exclusion, prescription:
The participant has to make claims against the organizer because of not contractual contribution of the journey due to §§ 651 C - 651 f BGB within a month after contractual intended completion of the journey.
Claims of the participant fall under the statute of limitations 6 months after contractual intended completion of the journey.
18. Transfer prohibition:
Any transfer of claims of the participant against the organizer is impossible.
19. Inefficacy of individual regulations:
The inefficacy of individual regulations of the journey contract does not entail the inefficacy of the entire journey contract.
20. Area of jurisdiction:
The participant can sue the organizer only at the city of Bergisch Gladbach/Germany.
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