General Terms and Conditions
The following terms and conditions apply to all business relationships between pure bavaria tours (Owner: Mario Staffeldt), Franziskanerstr. 36, 81669 Munich and you. In each case, the valid version of the contract is decisive.
2. Performance content
a. Service content is the provision of a vehicle with driver and the conduct of carriage; For details, please refer to the information on the individual excursions on our website and the order confirmation.
b. The performance does not include
- the supervision of passengers,
- the supervision of property left by you or one of the passengers in the passenger compartment of the vehicle,
- the supervision of the baggage during loading and unloading,
- Entrances, Guided Tours, Meals, Drinks;
this does not apply if something else has been expressly agreed.
c. Changes in performance by pure bavaria tours, which become necessary after conclusion of the contract, are permitted if the circumstances leading to the change in performance have not been brought about in good faith by pure bavaria tours and unless the changes are reasonable and reasonable for you. We must notify you of any changes immediately after having received the reason for the change.
The registration takes place via a booking request on our website or by phone and constitutes a legally binding offer to conclude a contract with us. The contract is concluded with receipt of a textually written congruent confirmation with us.
a. The confirmation of participation contains the invoice. The invoice amount is due without deduction upon receipt.
b. Payment can be made in cash or by bank transfer to our business account or via paypal.
5. Limitation of liability
a. Our liability for all contractual or tortious damages that do not affect life, body or health is limited to the amount of three times the price, as far as the damage is not based on a grossly negligent or intentional breach of duty by us or one of our vicarious agents.
b. Section 23 PBefG remains unaffected. Liability for damage to any person carried is excluded, as the damage exceeds € 1,000 and is not based on intent or gross negligence.
6. Resignation by you
a. You can withdraw from the contract at any time before departure. We recommend that you declare your withdrawal in writing. In the event of cancellation or non-commencement of the journey, we lose the right to the agreed price.
b. In this case, we are entitled to reasonable compensation, unless your resignation is based on a circumstance beyond your control or force majeure. The amount of the compensation shall be determined at the agreed price less the value of the expenses normally saved and, as a rule, any other possible uses of the vehicle. We can calculate the amount of compensation according to the following breakdown, according to the proximity of the time of withdrawal from the contractually agreed travel start in a percentage of the price per person as follows:
- 10% of the agreed fee, from 29 to 20 days before the planned departure,
- From 19 to 10 days before the planned departure 20% of the agreed fee,
- From 9 to 3 days before the scheduled departure 40% of the agreed fee,
- 50% of the agreed fee, from 2 days to 24 hours before the planned journey,
- less than 24 hours before the planned journey or 90% of the agreed fee if not paid.
You are at liberty to prove to us that no or much less damage has occurred to us than the lump sum demanded by us.
7. Termination or withdrawal by us
a. We can withdraw from the contract prior to departure if extraordinary circumstances beyond our control render the service impossible. In this case, you may only claim to reimburse the necessary expenses incurred in connection with the booking request.
b.We may terminate the journey after commencement of the journey if the provision of the service is made considerably more difficult, endangered or impaired by force majeure (including events such as weather conditions that are life threatening) or by you. In the event of a termination due to force majeure or due to aggravation, danger or impairment of a substantial nature, we are obliged at your request to bring you back, with a claim to the return transport only for the agreed in the contract means of transport. The obligation to repatriate does not apply if and to the extent that the repatriation of individuals is unreasonable for us because of circumstances for which they are responsible.
8. Behavior of the participants
a. The instructions of the driver must be obeyed.
b. Participants who fail to comply with justified instructions of the driver on several occasions, can be excluded from the carriage, if the failure to comply with instructions, a risk to the safety of the participants and the onward transport is unreasonable for us.
c. All baggage items and valuables are to be supervised by the participant when entering, transferring and alighting and he is liable for loss himself.
9. Final provisions
a. For the contract German law applies.
b. Changes, additions and subsidiary agreements require the written form to be effective unless otherwise stated in these Terms and Conditions. The written form requirement also applies to the waiver of this formal requirement.
c. If individual provisions of this contract are or become ineffective, this shall not affect the validity of the remaining provisions. In this case, the parties to the contract will replace the invalid provision with another that comes as close as possible to the economic purpose of the canceled provision.