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. Good cause may be given in particular if the contractual partner does not meet the special travel requirements announced in advance (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

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