a With your travel registration, you make a binding offer to the tour operator – hereinafter referred to as BODYMADE – to conclude the package travel contract. This offer is based on the tour description and the supplementary information provided by BODYMADE for the respective tour, insofar as this is available to you at the time of booking. The package travel contract is concluded upon receipt of BODYMADE’s declaration of acceptance. This does not require any particular form.
b You are responsible for all contractual obligations of travelers for whom you make the booking as for your own, insofar as you have assumed this obligation by express and separate declaration.
c We would like to point out that according to §§ 312 Abs. 7, 312g para. 2 sentence 1 no. 9 BGB, there is no right of withdrawal for package travel contracts in accordance with Section 651a and Section 651c BGB that are concluded by distance selling (letters, telephone, fax, email, SMS, radio, telemedia, online services), but only the statutory rights of withdrawal and termination, in particular the right of withdrawal in accordance with Section 651h BGB. However, there is a right of revocation if the contract for travel services has been concluded outside of business premises in accordance with Section 651a BGB, unless the verbal negotiations on which the conclusion of the contract is based were conducted at the consumer’s prior request; in the latter case, there is no right of revocation.
a Payment of the total price is due upon conclusion of the contract against delivery of the confirmation.
b The fees in the event of withdrawal (see section 3.v) and processing and rebooking fees (see section 3.vi) are due immediately.
c You can also pay for your trip by bank transfer. Payment must be made immediately upon receipt of the confirmation.
d If due payments are not made or not made in full and you do not pay even after a reminder with a grace period, BODYMADE can withdraw from the respective contract, unless there is already a significant travel defect at this point in time. In the event of withdrawal from the travel contract within the meaning of the previous sentence, BODYMADE may demand cancellation fees in accordance with sections 3.v.c and 3.v.d as compensation. You are at liberty to prove that no or significantly lower costs were incurred.
a Special requests
BODYMADE may accept special requests if these are described as non-binding. BODYMADE will make every effort to meet your request for special services that are not advertised, e.g. neighboring rooms or rooms in a particular location.
b Tour guide, support
On the trips offered, you will be looked after by our trainers and tour guides on site.
c Pets
Pets of any kind are not permitted on our tours.
a BODYMADE may make changes to the service descriptions at any time before the contract is concluded, of which you will of course be informed before booking.
b Changes to essential travel services compared to the agreed content of the travel contract, which become necessary after the conclusion of the contract and before the start of the trip and which were not brought about by BODYMADE in bad faith, are only permitted insofar as they are not significant and do not affect the overall design of the booked trip. Any warranty claims shall remain unaffected, in particular if the modified services are defective.
c BODYMADE is obliged to inform you of any changes to services immediately after becoming aware of the reason for the change. If necessary, you will be offered a free rebooking or a free withdrawal.
d In the event of a significant change to an essential characteristic of the travel service or a deviation from special requirements on your part that have become part of the package travel contract, you are entitled to either accept the change or withdraw from the package travel contract free of charge within a reasonable period of time set by BODYMADE at the same time as notification of the change, or to demand participation in a replacement trip if BODYMADE has offered you such a trip. You have the choice to respond to the message from BODYMADE or not. If you respond to BODYMADE, you can either agree to the contract amendment, demand participation in a replacement trip, if one has been offered to you, or withdraw from the contract free of charge. If you do not respond to BODYMADE or do not respond within the set period, the notified change shall be deemed to have been accepted. You must point this out in a clear, comprehensible and emphasized manner in the declaration in accordance with section 3.iv.c.
e Any warranty claims shall remain unaffected if the modified services are defective. If BODYMADE had lower costs for the execution of the changed trip or replacement trip with equivalent quality, you are entitled to the difference in accordance with § 651m para. 2 BGB to be reimbursed.
a You can withdraw from the package travel contract at any time before the start of the trip. Withdrawal must be declared to BODYMADE.
b If you withdraw before the start of the trip or do not start the trip, BODYMADE loses the right to the travel price. Instead, BODYMADE may demand reasonable compensation insofar as we are not responsible for the withdrawal or no extraordinary circumstances occur at the destination or in its immediate vicinity that significantly impair the performance of the package tour or the transportation of persons to the destination; circumstances are unavoidable and extraordinary if they are beyond the control of BODYMADE and their consequences could not have been avoided even if all reasonable precautions had been taken. Cancellation fees are set at a flat rate in section 3.v.c. They are determined according to the travel price less the value of the expenses saved by BODYMADE and less what BODYMADE acquires through other use of the travel services. The following flat rates also take into account the period between the declaration of withdrawal and the start of the trip. They must be justified by BODYMADE at your request. You also have the right to prove that the fees to which BODYMADE is entitled are significantly lower than the flat-rate compensation demanded by BODYMADE.
c The flat-rate entitlement to cancellation fees is per person/per accommodation unit in the event of cancellation:
| up to the 42nd day before departure: | 40% |
| up to 21 days before departure: | 60% |
| up to the 6th day before departure: | 80% |
| from the 5th day before departure or in case of no-show: | 100% |
d BODYMADE reserves the right to demand higher, individually calculated compensation instead of the above lump sums, insofar as BODYMADE proves that we have incurred significantly higher expenses than the applicable lump sum. In this case, BODYMADE is obliged to quantify and substantiate the compensation claimed, taking into account the expenses saved and any other use of the travel services.
e If BODYMADE is obliged to refund part or all of the travel price as a result of a withdrawal, BODYMADE must do so immediately, and in any case within 14 days of receipt of the declaration of withdrawal.
f Your right to provide a substitute participant by declaration within a reasonable period before the start of the trip (see section 3.vi.b below) remains unaffected by the above conditions. Such a declaration is in any case timely if it is received by BODYMADE no later than seven days before the start of the trip.
a BODYMADE may terminate the travel contract without notice if the execution of the trip is permanently disrupted by you despite a corresponding warning from BODYMADE or the tour guide. The same applies if you are in breach of contract to such an extent that the immediate termination of the contract is justified. However, BODYMADE retains the right to the travel price. You are responsible for any additional costs for return transportation. However, BODYMADE must take into account the value of saved expenses as well as any benefits obtained from the alternative use of unused services, including any reimbursements from service providers.
b BODYMADE may withdraw from the trip if a minimum number of six (6) participants is not reached up to 2 weeks before the start of the trip (receipt by the traveler). BODYMADE will of course inform you if it becomes apparent at an earlier stage that the minimum number of participants cannot be reached. The declaration of withdrawal will be sent to you immediately. You will then be refunded the travel price paid immediately, but in any case within 14 days of receipt of the declaration of withdrawal.
c BODYMADE may withdraw from the contract before the start of the trip if it is prevented from fulfilling the contract due to unavoidable, extraordinary circumstances; in this case, it must declare its withdrawal immediately after becoming aware of the reason for withdrawal. If the tour operator withdraws from the contract, it loses the right to the agreed travel price.
d You can find travel advice from the Federal Foreign Office on the Internet at “www.auswaertiges-amt.de” and by calling 030 5000 2000.
a If a travel service is not provided or is not provided free of travel defects, the traveler may demand redress. BODYMADE may refuse to remedy the situation if it is impossible or involves disproportionate costs.
b The traveler can demand a reduction of the travel price if travel services have not been provided free of travel defects and he has not culpably failed to report the defect immediately (without culpable delay). The rights arising from a reduction in the travel price (§ 651m BGB) shall lapse within three years, in deviation from § 651j BGB. Section 199 para. 1 BGB.
c If BODYMADE is unable to remedy the situation due to a culpable failure to report a defect, the traveler may neither assert claims for a reduction in price in accordance with § 651m BGB nor claims for damages in accordance with § 651n BGB.
d If a package tour is significantly impaired by a travel defect and BODYMADE does not remedy the situation within a reasonable period of time, you can terminate the travel contract – in your own interest and for reasons of evidence, the written form is recommended. It is only not necessary to set a deadline for the remedy if BODYMADE refuses to remedy the situation or if immediate remedy is necessary. You only owe BODYMADE the portion of the travel price attributable to the services used or still to be provided at the end of the package tour.
a In the event of a travel deficiency, you may demand compensation without prejudice to the reduction of the travel price (reduction) or termination, unless the travel deficiency is your fault, is the fault of a third party who is neither the service provider nor otherwise involved in the provision of the travel services covered by the package travel contract and was not foreseeable or avoidable for BODYMADE or was caused by unavoidable, exceptional circumstances. You can also claim reasonable monetary compensation for wasted vacation time if the trip is thwarted or significantly impaired.
b Limitation of liability
BODYMADE’s liability for damages other than bodily injury is limited to three times the price of the trip, provided that your damage was not culpably caused.
c Tortious claims for damages
For all claims for damages against BODYMADE in tort that are not based on intent or gross negligence, liability for material damage is limited to three times the price of the tour. These maximum liability amounts apply per traveler and trip.
d BODYMADE is not liable for service disruptions, personal injury and property damage in connection with services that are merely arranged as third-party services (e.g. excursions, sporting events, theater visits, exhibitions, transportation services from and to the advertised departure and destination) if these services are expressly and clearly marked as third-party services, stating the contractual partner that arranged them, so that you can recognize that they are not part of the package tour. A claim for damages against BODYMADE is limited or excluded insofar as a claim for damages against the service provider can only be asserted under certain conditions or restrictions or is excluded under certain conditions on the basis of international agreements or statutory provisions based on such agreements that are applicable to the services to be provided by a service provider.
e You are responsible for participating in sports and other vacation activities. You should check sports facilities, equipment and vehicles before using them. BODYMADE is only liable for accidents that occur during sporting events and other vacation activities if BODYMADE is at fault. BODYMADE recommends that you take out accident insurance.
f Duty to cooperate, complaints
f.a Every traveler is obliged to cooperate in avoiding or minimizing any damage in the event of service disruptions within the framework of the statutory provisions.
f.b If, contrary to expectations, you have reason to complain, you must inform our tour guide immediately on the spot in accordance with section iii.b and demand remedy.
If the tour guide is not available, please contact the service provider (e.g. hotelier) or BODYMADE directly.
f.c Tour guides are not authorized to accept any claims.
g Statute of limitations
Your claims for damages under § 651n para. 1 BGB, with the exception of claims for uselessly spent vacation time, are subject to a limitation period of three years, in deviation from § 651j BGB. Section 199 para. 1 BGB. BODYMADE’s statutory claims for compensation due to alteration or deterioration of the items provided to the customer in the course of the trip expire six months after the end of the trip.
a BODYMADE will inform you about general passport and visa requirements as well as health formalities of the country of destination, including the approximate deadlines for obtaining the necessary visas, before the contract is concluded and, if necessary, about any changes up to the start of the trip.
b You are responsible for complying with all regulations that are important for the execution of the trip. All disadvantages, in particular the payment of cancellation costs arising from non-compliance with these regulations, shall be borne by you, unless they are due to culpable misinformation or non-information on the part of BODYMADE.
c Please refer to the pre-contractual information to find out whether a passport is required for your trip or whether an identity card is sufficient, and please ensure that your passport or identity card is valid for a sufficient period of time for the trip.
The personal data that you provide to us will be processed electronically and used insofar as it is necessary for the performance of the contract. All your personal data will be processed in accordance with German and European data protection law. You can find more information on how we handle your data in our privacy policy.
The ineffectiveness of individual provisions of the travel contract does not result in the ineffectiveness of the entire travel contract. The same applies to these travel conditions.
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.