General Terms and Conditions of Travel of MTR Tour
1. Registration and booking
(1) The travel registration can be made in writing by post, fax or e-mail to MTR Tour (hereinafter: "MTR-TOUR"). The tour participant (hereinafter: "contractual partner") is bound to the registration until acceptance by MTR-TOUR - but no longer than 14 days from receipt of the registration by MTR-TOUR.
(2) By signing the General Registration Form of MTR-TOUR, the contractual partner accepts these General Terms and Conditions of Travel. The booking of the tour becomes binding with the travel confirmation.
(3) The contractual partner assumes full liability for all contractual obligations towards MTR-TOUR for all travel participants registered by him. However, this requires the signing of an explicit and separate declaration to this effect.
2. Content of the travel contract
(1) The content of the travel contract results from the general registration form, the booking and the confirmation from MTR-TOUR.
(2) Unless otherwise agreed in text form (in writing, by fax or by e-mail), the trip is booked in accordance with the service description and the explanations.
3. deposit and final payment
(1) A deposit of 20% of the tour price is due upon receipt of the booking confirmation.
(2) The balance is to be paid without additional request four (4) weeks before the start of the tour. The contractual partner can make this payment by bank transfer or by credit card (Visa or Mastercard).
(3) A security certificate in accordance with § 651 k of the German Civil Code (BGB) shall be issued for the payments and sent to the contractual partner.
(4) For bookings of trips made less than 21 days before the start of the trip, the entire travel price is due for payment against handover of the security certificate.
(5) Payments on the tour price, including down payments, are only to be made against handover of the security certificate in accordance with § 651 k BGB. MTR-TOUR hands over the security certificate in the course of the travel confirmation.
(6) If the travel price is due and has not yet been paid in full, there is no entitlement to the provision of the travel service by MTR-TOUR. Rather, MTR-TOUR is entitled to finally refuse the service and to claim damages for non-performance of the travel contract and to demand compensation from the contractual partner if the latter is in arrears with the payment of the travel price and the refusal of performance has been threatened by MTR-TOUR to the contractual partner in advance, setting a reasonable grace period (§ 323 BGB).
(7) Cancellation compensation, processing and rebooking fees as well as insurance premiums are due for payment immediately.
4. validity of prices and services
Changes to the service descriptions and prices are possible and remain reserved up to and including receipt of the travel confirmation. Only the content of the travel confirmation in conjunction with the booking and other effective agreements made shall be authoritative with regard to dates and travel times etc.
5. service deviations and changes
(1) Changes or deviations of individual travel services from the agreed content of the trip, which become necessary after conclusion of the contract and which were not brought about by the tour operator against good faith, are only permitted as reasonable for the contractual partner, insofar as the changes or deviations are not significant and do not affect the overall design of the booked trip. This applies in particular if it becomes necessary to change the route (e.g. due to weather and road conditions) and the available motorcycle brands or types as well as the travel options for air travel.
(2) Any sketch contained in the tour description is not binding, but is to be regarded as a possible choice of route. MTR-TOUR expressly reserves the right to change the information in the brochure.
(3) If changes are already known before the conclusion of the contract, MTR-TOUR will inform the contractual partner before sending a booking confirmation.
6. travel price increase
(1) The travel price and the rental fees are calculated on the basis of the exchange rates and costs at the time the travel description was created. If exchange rates or costs change for which MTR-TOUR is not responsible (entry, residence and public entrance fees), MTR-TOUR is entitled to make a change to the tour price.
(2) If the change exceeds 5%, the contractual partner may withdraw from the travel contract without paying compensation. Instead, he can also demand a replacement trip (§ 651a IV 3 BGB).
(3) The withdrawal or the request for a replacement trip must be made immediately to MTR-TOUR in text form.
7. withdrawal, reimbursement and rebooking
(1) If the contractual partner withdraws before the start of the trip (cancellation), MTR-TOUR can choose the following flat-rate cancellation compensation instead of the concrete calculation of the cancellation fee:
up to and including 31 days before the start of the tour: 20% of the tour price
from 20 to 15 days before the start of the tour: 40% of the tour price
from 14 to 8 days before the start of the tour: 80% of the tour price
from the 7th day before the start of the tour: 90% of the tour price
The cancellation compensation is calculated from the final tour price per registered tour participant. The date of receipt of the declaration of withdrawal by MTR-TOUR shall be the deadline for calculating the deadline.
(2) The lump-sum compensation for withdrawal has been determined taking into account the expenses usually saved and the usual possible acquisition through other use of the travel services. The contractual partner is at liberty to prove that no damage or significantly less damage than the lump sum demanded has been incurred.
(3) Rebookings (e.g. of travel date, destination, accommodation, type of transportation or fare) are generally only possible by withdrawing from the travel contract (cancellation) under the conditions specified in paragraph (1) (cancellation fee) and subsequent re-registration. The prerequisite for any rebooking is the availability of the service.
(4) MTR-TOUR recommends that every travel participant takes out travel cancellation insurance.
8. change in the person of the contractual partner
(1) Until the start of the trip, the contractual partner can request that a third party takes part in the trip instead of him/her in accordance with § 651 b BGB. MTR-TOUR may object to the participation of the third party if the third party does not meet the special travel requirements or if legal regulations or official orders prevent his participation.
(2) The original and new travel participant shall be jointly and severally liable for the travel price and the additional costs incurred as a result of the change in the person of the contractual partner in accordance with § 651 b BGB.
(3) In this case, MTR-TOUR charges a lump sum for the additional administrative costs (incl. postage and telephone charges) totaling € 25.00 per changed person of the tour participant.
9. withdrawal and termination of the travel contract due to special circumstances
(1) If the trip is made considerably more difficult, endangered or impaired by force majeure, which was not foreseeable at the time the contract was concluded, both the contractual partner and MTR-TOUR can terminate the travel contract. The contractual partner must address his termination to MTR-TOUR. MTR-TOUR must declare the termination immediately after becoming aware of the reasons that justify the termination due to force majeure. The mutual rights and obligations in the event of termination result from the statutory provisions on travel contract law.
(2) If the minimum number of participants of six (6) self-drivers is specified in the travel advertisement or in other documents that have become part of the contract, MTR-TOUR can withdraw from the travel contract up to 14 days before the start of the trip if the minimum number of participants is not reached.
(3) MTR-TOUR can terminate the travel contract for good cause before the start of the trip and also during the trip at any time in accordance with the provisions of § 643 BGB. Tour guides are authorized to declare the termination. An important reason may be given in particular if the contractual partner does not meet the previously announced special travel requirements (e.g. no valid driver's license) or if his behavior disrupts or endangers the course of the trip in the long term and this is not remedied or cannot be remedied even after a warning. In the event of such a cancellation, MTR-TOUR generally retains the claim to the travel price, but must allow the value of saved expenses and the proceeds from other use of the unused services to be offset, including the amounts credited to MTR-TOUR by the service providers.
(4) If MTR-TOUR terminates the travel contract or withdraws from the travel contract in one of the above cases before the start of the trip, the contractual partner can demand participation in another trip from MTR-TOUR's offer, provided that MTR-TOUR is able to offer this from its offer at no extra cost to the contractual partner. In the case of section 9 paragraph (3), MTR-TOUR can refuse to offer a replacement trip.
10. liability
(1) The contractual liability of MTR-TOUR towards the contractual partner for damages arising from the travel contract, which are not physical injuries, is limited to three times the travel price, as far as
a) a damage is neither caused by gross negligence nor intentionally or b) MTR-TOUR is responsible for a damage incurred by the contractual partner solely due to the fault of a service provider.
(2) The liability of MTR-TOUR towards the contractual partner for damages due to unlawful acts is limited to three times the tour price per tour participant and tour, unless it is based on intent or gross negligence, for damages that are not physical injuries.
(3) MTR-TOUR 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. sporting events, cultural events, etc.),
(4) Furthermore, MTR-TOUR is not liable for damage to the driver's equipment, unless there is grossly negligent or intentional behavior on the part of MTR-TOUR, or in the event of bodily injury or damage to health.
(5) The contractual partner is responsible for compliance with the relevant road traffic regulations. Each tour participant is liable for any damage caused to fellow travelers or other road users. This also applies if the contractual partner follows the tour guide. Each tour participant must adapt his driving style to the principle of his own safety and driving ability.
(6) If a further claim of the tour participant against MTR-TOUR results from legal regulations, these claims remain unaffected by the above limitations of liability.
(7) In the event of a driving style that endangers the other tour participants, MTR-TOUR is entitled to terminate the contract in accordance with section 9 paragraph (3).
11. warranty
(1) If the trip is not provided in accordance with the contract, the contractual partner can demand remedy. MTR-TOUR can refuse the remedy if it requires a disproportionate effort. MTR-TOUR can also remedy the situation by providing a substitute service of equal or higher value that is reasonable for the contractual partner.
(2) For the duration of a non-contractual provision of the travel service by MTR-TOUR, the contractual partner can demand a reduction of the travel price (reduction). The travel price is then to be reduced in the ratio in which the value of the trip would have been at the time of booking in a defect-free condition to the actual value. However, the right to a reduction shall lapse if the contractual partner culpably fails to report the defect.
(3) If the trip is significantly impaired as a result of a defect, or if the trip or its continuation is therefore unreasonable for the contractual partner for good cause, the contractual partner may terminate the travel contract within the framework of the statutory provisions. The contractual partner must first set a reasonable deadline for remedial action. It is not necessary to set such a deadline if remedial action is impossible or is refused or if the immediate termination of the contract is justified by a special interest of the contractual partner. In such a case, the contractual partner owes MTR-TOUR the part of the travel price attributable to the services used, provided that these services were of interest to him.
(4) If MTR-TOUR is responsible for a circumstance that leads to a defect in the trip, the contractual partner can demand compensation. A right of the contractual partner to a reduction of the travel price or to terminate the travel contract remains unaffected by this. Reference is also made to the legal consequences of contributory negligence (contributory fault) on the part of the contractual partner when the damage occurs, in the event of the contractual partner's failure to draw MTR TOUR's attention to the risk of unusually high damage or the contractual partner's failure to avert and reduce the damage (§ 254 BGB).
12. notification of defects, requests for remedial action and rights of the tour guide
(1) During the trip, the tour guide is instructed to accept notifications of defects and requests for remedial action and to provide remedial action if this is possible or necessary.
(2) A termination of the travel contract by MTR-TOUR (e.g. in case of force majeure) can also be pronounced by the tour guide; this is authorized by MTR-TOUR in this respect.
13. assertion of claims, preclusion period and limitation period
(1) Contractual claims due to non-contractual provision of travel services must be asserted by the contractual partner within one (1) month after the contractually agreed end of the trip to MTR-TOUR at the address given at the end of these General Terms and Conditions of Travel. The date of receipt of the complaint is decisive for meeting the deadline. After expiry of the deadline, claims can only be asserted if the contractual partner was prevented from complying with the deadline through no fault of his own. Travel agencies or representatives of MTR-TOUR in the travel area are not authorized or empowered to recognize claims, in particular claims for reduction of the travel price or for
compensation, with effect for MTR-TOUR.
(2) The claims of the contractual partner referred to in paragraph 1 are subject to a limitation period of one (1) year, unless claims for personal injury or claims based on intent or gross negligence are affected. Such contractual claims shall become time-barred after two (2) years. The limitation period begins on the day on which the trip should end according to the contract. If negotiations about the claim or the circumstances justifying the claim are pending, the limitation period is suspended until MTR-TOUR or the contractual partner refuses to continue the negotiations (§ 203 BGB). The statute of limitations begins at the earliest three (3) months after the end of the suspension.
14. insurance
No travel cancellation insurance is included in the travel price quoted. However, MTR-TOUR recommends that every travel participant takes out sufficient personal insurance cover for the trip. Further information on this can be obtained from Europäische Reiseversiche- rung AG on the Internet at www.reiseversicherung.de or by telephone on: +49 (0) 89 - 41 66 11 02.
15. insolvency insurance
In the event of insolvency of MTR-TOUR, all customer monies have been insured with TAS, Touristik Assekuranz Service GmbH, Walther-von- Cronberg-Platz 15, D-60594 Frankfurt am Main.
16. data protection
The data of tour participants collected in connection with the tour will be used exclusively for the purpose of carrying out the tour and for customer service. In the case of group trips, a list of the participants of the respective trip - sorted alphabetically by surname, first name and, if known, place of residence or place of booking - which each fellow traveler receives before the start of the trip, can also be created. If the contractual partner does not wish to be included in this list, he can declare this separately to MTR-TOUR. In addition, the contractual partner's right of objection according to § 28 of the Federal Data Protection Act (BDSG) is expressly pointed out. A short message to the address given at the end of these General Terms and Conditions of Travel is sufficient for the corresponding declarations.
17. picture and film material
The tour participants are aware that pictures and/or film material of the tour will be taken during the tour, on which the tour participants may be recognizable and which may be used for advertising purposes in the catalog or on the website. The tour participant agrees to this and waives the assertion of any claims arising from the use of this material. If the tour participant does not agree to this, he must inform his tour guide in text form before the start of the tour.
18. prohibition of assignment
The assignment of claims of the contractual partner against MTR-TOUR is excluded unless the assignor is the spouse, partner or other family member. The prohibition of assignment applies to all claims arising from the travel contract and related claims as well as claims arising from tort and unjust enrichment.
19. place of jurisdiction
The contractual partner can only sue the tour operator at its registered office. The place of jurisdiction for trips of MTR-TOUR is Traunstein. For legal actions of MTR-TOUR against the contractual partner, the domicile of the contractual partner is decisive, unless the action is directed against registered traders or persons who have moved their domicile or habitual residence abroad after conclusion of the contract, or whose domicile or habitual residence is not known at the time the action is filed. In these cases, the place of jurisdiction is the registered office of MTR-TOUR.
20. final provisions
(1) The statutory provisions apply in addition, in particular the travel contract provisions of §§ 651 a ff. of the German Civil Code, insofar as MTR-TOUR acts as a tour operator.
(2) German law applies to the contract.
(3) If individual provisions of the contract are invalid, the statutory provisions shall apply. Insofar as not all circumstances are regulated by the above conditions, the statutory provisions shall apply.
Tour operator
Unless otherwise stated, the tour operator is MTR Tour GmbH & Co. KG
Managing Director: Archie Greene Adalbert-Stifter-Str. 12
83483 Bischofswiesen
Phone: +49 (0) 8652 - 65 77 150 Fax: +49 (0) 8652 - 65 77 155
VAT ID No.: DE 275427745

PRIVACY POLICY

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.

The use of our website is generally possible without providing personal data. Insofar as personal data (e.g. name, address or e-mail addresses) is collected on our website, this is always done on a voluntary basis as far as possible. This data will not be passed on to third parties without your express consent.

We would like to point out that data transmission over the Internet (e.g. when communicating by e-mail) may be subject to security vulnerabilities. Complete protection of data against access by third parties is not possible.

Cookies
Some of the web pages use so-called cookies. Cookies do not damage your computer and do not contain viruses. Cookies are used to make our website more user-friendly, effective and secure. Cookies are small text files that are stored on your computer and saved by your browser.

Most of the cookies we use are so-called "session cookies". They are automatically deleted at the end of your visit. Other cookies remain stored on your end device until you delete them. These cookies enable us to recognize your browser on your next visit.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be restricted.

Server log files
The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are

Browser type and browser version
Operating system used
Referrer URL
Host name of the accessing computer
Time of the server request
This data cannot be assigned to specific persons. This data is not merged with other data sources. We reserve the right to check this data retrospectively if we become aware of specific indications of unlawful use.

Contact form
If you send us inquiries via the contact form, your details from the inquiry form, including the contact details you provide there, will be stored by us for the purpose of processing the inquiry and in the event of follow-up questions. We will not pass on this data without your consent.

Newsletter data
If you would like to receive the newsletter offered on the website, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the e-mail address provided and that you agree to receive the newsletter. No further data is collected. We use this data exclusively for sending the requested information and do not pass it on to third parties.

You can revoke your consent to the storage of the data, the e-mail address and its use for sending the newsletter at any time, for example via the "unsubscribe" link in the newsletter.

Google Analytics
This website uses functions of the web analysis service Google Analytics. The provider is Google Inc, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA.

Google Analytics uses so-called "cookies". These are text files that are stored on your computer and enable your use of the website to be analyzed. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.

IP anonymization
We have activated the IP anonymization function on this website. This means that your IP address will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area before being transmitted to the USA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

Browser plugin
You can prevent the storage of cookies by selecting the appropriate settings in your browser software; however, please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de

Objection to data collection
You can prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie will be set to prevent your data from being collected on future visits to this website: Deactivate Google Analytics

You can find more information on how Google Analytics handles user data in Google's privacy policy: https://support.google.com/analytics/answer/6004245?hl=de

Contract data processing
We have concluded a contract data processing agreement with Google and fully implement the strict requirements of the German data protection authorities when using Google Analytics.

Demographic characteristics in Google Analytics

This website uses the "demographic characteristics" function of Google Analytics. This allows reports to be created that contain statements about the age, gender and interests of site visitors. This data comes from interest-based advertising from Google and from visitor data from third-party providers. This data cannot be assigned to a specific person. You can deactivate this function at any time via the ad settings in your Google account or generally prohibit the collection of your data by Google Analytics as described in the section "Objection to data collection".

Facebook plugins (Like button)
Plugins of the social network Facebook, provider Facebook Inc, 1 Hacker Way, Menlo Park, California 94025, USA, are integrated on our pages. You can recognize the Facebook plugins by the Facebook logo or the "Like" button on our site. You can find an overview of the Facebook plugins here: https://developers.facebook.com/docs/plugins/.

When you visit our pages, a direct connection is established between your browser and the Facebook server via the plugin. Facebook receives the information that you have visited our site with your IP address. If you click on the Facebook "Like" button while you are logged into your Facebook account, you can link the content of our pages to your Facebook profile. This allows Facebook to associate your visit to our pages with your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data or its use by Facebook. Further information on this can be found in Facebook's privacy policy at https://de-de.facebook.com/policy.php.

If you do not want Facebook to be able to associate your visit to our pages with your Facebook user account, please log out of your Facebook user account.

Google+
Our pages use functions of Google+. The provider is Google Inc, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA.

Collecting and sharing information: You can use the Google+ button to publish information worldwide. You and other users receive personalized content from Google and our partners via the Google+ button. Google stores both the information that you have given +1 for a piece of content and information about the page you viewed when you clicked +1. Your +1s can be displayed as references together with your profile name and your photo in Google services, such as in search results or in your Google profile, or in other places on websites and advertisements on the Internet.

Google records information about your +1 activities in order to improve Google services for you and others. To be able to use the Google+ button, you need a globally visible, public Google profile, which must contain at least the name chosen for the profile. This name is used in all Google services. In some cases, this name may also replace another name that you have used when sharing content via your Google account. The identity of your Google profile may be displayed to users who know your e-mail address or have other identifying information about you.

Use of the information collected: In addition to the uses described above, the information you provide will be used in accordance with the applicable Google privacy policy. Google may publish summarized statistics about the +1 activities of users or pass them on to users and partners, such as publishers, advertisers or associated websites.

Instagram
Functions of the Instagram service are integrated on our pages. These functions are offered by Instagram Inc, 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the content of our pages to your Instagram profile by clicking on the Instagram button. This allows Instagram to associate your visit to our pages with your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data or its use by Instagram.

You can find more information on this in Instagram's privacy policy: https://instagram.com/about/legal/privacy/

Pinterest
On our website, we use social plugins from the social network Pinterest, which is operated by Pinterest Inc, 808 Brannan Street San Francisco, CA 94103-490, USA ("Pinterest"). When you visit a page that contains such a plugin, your browser establishes a direct connection to the Pinterest servers. The plugin transmits log data to the Pinterest server in the USA. This log data may contain your IP address, the address of the websites visited that also contain Pinterest functions, the type and settings of the browser, the date and time of the request, your use of Pinterest and cookies.

Further information on the purpose, scope and further processing and use of the data by Pinterest as well as your rights and options for protecting your privacy in this regard can be found in Pinterest's privacy policy: https://about.pinterest.com/de/privacy- policy

YouTube
Our website uses plugins from the Google-operated YouTube site. The operator of the pages is YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. When you visit one of our pages equipped with a YouTube plugin, a connection to the YouTube servers is established. This tells the YouTube server which of our pages you have visited.

If you are logged into your YouTube account, you enable YouTube to assign your surfing behavior directly to your personal profile. You can prevent this by logging out of your YouTube account.

Further information on the handling of user data can be found in YouTube's privacy policy at: https://www.google.de/intl/de/policies/privacy

SSL encryption
This site uses SSL encryption for security reasons and to protect the transmission of confidential content, such as the requests you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

If SSL encryption is activated, the data you transmit to us cannot be read by third parties.

Right to information, deletion, blocking
You have the right to free information about your stored personal data, its origin and recipients and the purpose of the data processing as well as a right to correction, blocking or deletion of this data at any time. You can contact us at any time at the address given in the legal notice if you have further questions on the subject of personal data.

Objection to advertising emails
We hereby object to the use of contact data published as part of our duty to provide a legal notice for the purpose of sending unsolicited advertising and information material. The operators of this website expressly reserve the right to take legal action against unsolicited mailing or e-mailing of spam and other similar advertising materials.
Source: https://www.e-recht24.de/