VEI - TRAVEL AND PARTICIPATION CONDITIONS
The following travel and participation conditions supplement the §§ 651 a ff. BGB and regulate the contractual relationship between you as a traveler and us as a tour operator. Please read them carefully as they are part of the travel contract concluded with us.
1. Conclusion of the travel contract
With the written registration you offer us the conclusion of a travel contract binding. It is also carried out by the applicant for all participants listed in the application, for whose contractual obligation the applicant is responsible as well as for his own obligations. The contract is concluded with the written confirmation by us. You will receive a booking confirmation from us. If the content of the booking confirmation deviates from the content of the registration, this deviation becomes binding for you if you declare your acceptance within 10 days.
Immediately after receiving the registration confirmation no deposit is due. Therefore, the customer does not receive a travel-price-guarantee in the sense of § 651 k Abs. 3 BGB. The travel payment is only to be made from the start of the trip or on expeditions according to billing afterwards. Exact details can be found in the travel documents.
The scope of the contractual services results from the service description as well as from the information referring to them in the travel confirmation. Verbal agreements require a written confirmation.
4. Performance and price changes
Changes or deviations of individual travel services from the agreed content of the travel contract, which become necessary after the conclusion of the contract and were not brought about by us in good faith, are permitted, provided that the changed services are flawed. We are obliged to inform you of changes in performance and deviations immediately. If changes in service occur that significantly alter the overall layout of the trip, you are entitled to withdraw from the travel contract, unless the trip has started, without incurring any costs. The resignation of the traveler must be made in writing within a period of one week (receipt of the declaration of resignation from us). The period begins with our notice to you about the nature and extent of the change in performance. We are entitled to increase the travel price after conclusion of the travel contract. If the price changes exceed 5% of the travel price, you are entitled to cancel the travel contract free of charge. Subsequent changes to the travel price are only justified if there are more than 4 months between the conclusion of the contract and the agreed date of travel and if objectively justified, unpredictable requirements (eg force majeure, increase in fuel costs, air fares, exchange rate changes, fees, taxes) apply. In case of a subsequent change of the travel price, we will inform you at the latest 3 weeks before departure.
5. Cancellation by the customer, rebooking, replacement persons
You can cancel the booked trip at any time prior to departure. Decisive is the access of the declaration of withdrawal at the RV. If you withdraw from the travel contract, or if you do not cancel the trip without rescinding the travel contract, we may demand adequate compensation from you, taking into account the expenses normally saved and the usual possible use of the travel service. In case of withdrawal, the following costs (lump sums) are to be borne by you as a percentage of the travel price:
Until 30th day before departure 10% per person
From 29th to 8th day before departure 30% per person
From 7th to 1st day before departure 50% per person
From the beginning of travel 80% per person
The traveler is at liberty to prove to the tour operator that no or significantly less damage has occurred to him than the lump sum demanded by him. Transfers (in terms of travel time, destination, type of transport or accommodation) made at your request after the conclusion of the travel contract shall be deemed to be a resignation with a subsequent new registration. This does not apply if the rebooking requests cause only minor costs. Until the beginning of the journey you can have yourself replaced by a third party when carrying out the trip. Resulting actual additional costs are at your expense. We may object to the change in the person of the traveler if the third party does not meet the special travel requirements or if legal regulations or official orders preclude it. If a third party enters into the contract, he and the traveler are liable to the tour operator as joint and several debtors for the travel price and the additional costs incurred by the third party.
6. Unused services
If you do not make use of individual travel services as a result of premature travel home or other compelling reasons, we will try to obtain reimbursement of the saved expenses from the respective service providers. This obligation does not apply if the services are insignificant or if a refund conflicts with legal or regulatory requirements.
7. Resignation and termination
In the following cases we can withdraw from the travel contract prior to the start of the journey or terminate the travel contract after commencement of the journey: - until 2 weeks before departure if a minimum number of participants specified in the travel advertisement is not reached. If the trip is canceled due to failure to reach the specified minimum number of participants, the paid-in amount will be fully refunded. Further claims do not exist. - Without observing a deadline, if the execution of the trip in spite of a warning from you persistently disturbed or you behave in a manner contrary to the contract, so that the immediate cancellation of the travel contract is justified. If we cancel in such a case, we reserve the right to the travel price, but must be credited the value of the saved expenses and any reimbursements by the service providers. Any additional costs for the return transport shall be borne by the disturber himself.
8. Termination of the contract due to force majeure
If, as a result of exceptional circumstances, the journey is made difficult, endangered or impaired, such as through war, strikes or incidents, which are similar in their effects to the aforementioned examples (civil disturbances, epidemics), both you and us can terminate the travel contract. If the contract is terminated, we may demand reasonable compensation for travel services already provided or to be completed at the end of the journey.
9. Liability of the tour operator
We are liable within the scope of the due diligence of a prudent businessman for the conscientious travel preparation, the careful selection and monitoring of the service providers, the correctness of the service description and the proper rendering of the contractually agreed travel services according to the local custom of the respective destination country and place. We are liable for a fault of the person entrusted with the provision of the service. If, in the course of a journey or in addition to this, a regular service is provided and a corresponding ticket is issued to you for this purpose, we will provide third-party services insofar as we expressly point this out in the invitation to tender. We are therefore liable only for the provision of transport services in accordance with the currently valid international agreements. In the conditions of carriage of a company with foreign achievements, to which the customer is to be pointed, it is to be given on request to inspect. For expedition and trekking trips, we can not assume any liability with regard to scheduled program execution, natural events and activity of volcanoes. In program parts such as sightseeing, trekking, mountain climbing, sporting activities of all kinds, as well as similar activities associated with risks, you participate in principle at your own risk, the RV is only liable for gross negligence. The other contractual liability of the RV for damages, which are not physical damages, is limited to three times the travel price as far as a damage is neither intentionally nor grossly negligent. Travel extensions, special events, etc., which are not expressly included in the service description, are to be booked by you, therefore, are not our responsibility.
10. Warranty and remedy
If the travel service is not provided according to the contract, you can ask for a remedy. The remedy also applies to the provision of equivalent compensation. We can refuse the remedy if it requires a disproportionate effort. If a journey is significantly impaired as a result of a defect and we do not remedy the situation within a reasonable period, you may terminate the travel contract in accordance with the statutory provisions. The same applies if you can not be expected to travel because of a lack of important, recognizable reason. The determination of a time limit is only necessary if remedy is impossible or is refused by us, or if the immediate termination of the contract is justified by a special interest on your part. You owe us the portion of the travel price for the services used, provided that these services were of interest to you. You can demand a reduction of the travel price corresponding to the reduced performance, if the journey was not performed in accordance with the contract. The price of the journey must be deducted in proportion to the value at the time of sale of the value of the journey in immaculate condition. The reduction does not occur if you culpably fail to report the defect. The traveler may demand compensation for non-performance, without prejudice to the reduction or the termination, unless the lack of travel is due to a circumstance for which the tour operator is not responsible.
11. Obligation to cooperate
You are obliged to do everything reasonable for you in case of any performance disruptions, in order to contribute to the elimination of the disturbance and to minimize any damage caused. In particular, you are obliged to notify your complaints to the tour guide without delay. This is tasked with providing remedies, if possible. However, it is not entitled to recognize claims for reduction or compensation. If a tour guide is not available or unable to remedy the disruption, complaints must be reported immediately to the service providers and us. If you fail to comply with these obligations, you are not entitled to a reduction.
12. Exclusion of claims and statute of limitations
Claims for non-performance or non-contractual provision of travel services must be reported in writing to us within one month of the contractual termination of the travel. Decisive for the assertion of the claims is the day of receipt by us. After the deadline, claims can only be asserted if the customer has been prevented from observing the deadline without own fault. Your travel contract claims expire in 12 months. The statute of limitations begins with the day on which the trip should end the contract. If you have asserted claims, the statute of limitations is suspended until the day on which we reject the claims.
13. Passport, visa, customs, foreign exchange and health regulations
The tour operator is responsible for informing the traveler about regulations and regulations as well as their possible changes before departure. You are responsible for compliance with the above rules. Any disadvantages arising from non-compliance with these regulations will be charged to you, even if these conditions are changed after booking the trip.
14. Organizer and place of jurisdiction
The traveler can sue the tour operator only at its seat. For complaints of the tour operator the domicile of the customer is decisive, unless the action is directed against registered traders or persons who have no general jurisdiction in Germany, or against persons who have relocated after conclusion of the contract their domicile or habitual residence abroad or whose domicile is unknown at the time of filing of the claim. In these cases, the seat of the tour operator is authoritative. Organizer is Christoph Weber, Volcano Expeditions International, in Untergruppenbach (district of Heilbronn).
The correction of errors as well as printing and calculation errors remains reserved. The ineffectiveness of individual provisions of the travel contract does not result in the ineffectiveness of the entire travel contract. Deviations in the respective travel advertisement have priority.
VEI - DATA PROTECTIONS
§ 1. General
2. The use of this website is usually possible without providing personal data (exceptions: contact form, travel reservation). Insofar as personal data (such as name, address or e-mail address) are collected on these pages, this is always done on a voluntary basis, as far as possible. These data will not be disclosed to third parties without your (separate) explicit consent except in the cases expressly mentioned here.
3. We point out that the transmission of data on the Internet (for example in the case of communication by e-mail) may have security gaps. A complete protection of the data from access by third parties is not possible.
4. The use of contact data published by VEI within the scope of the imprint obligation by third parties for the purpose of sending unsolicited advertising and information materials is hereby expressly excluded. VEI expressly reserves the right to take legal action in the event of unsolicited promotional information, such as spam e-mails.
§ 2 Services, data collection, use
1. In order to use the Website, book travel offers or provide other services ("Services"), VEI collects various types of data, which are partly provided by you, to the Customer and in part required for the use of the Services or through the use of the services arise.
2. Data provided by the customer VEI:
a) When registering for a trip, enter the basic data for entering into the business relationship with VEI; the individual data are determined in each case by the registration forms of the respective journey and are only collected, stored and used for the commencement, execution, settlement and termination of the business relationship. In the context of the execution of the business relationship, VEI is also entitled to inform the customer about changes, additions or new versions of the services and services offered by VEI.
b) In the context of the use of the services or the booking of travel, as far as they are liable to pay, the input of bank data or other payment-relevant data (for example, credit card) is required. VEI will reproduce, collect, store and use such data as described under (a), but is also expressly entitled to transfer this data to a payment service provider (eg bank, other credit institution, credit card company) or other third party provider for the settlement of the payment transaction, as far as proper fulfillment of the contract is required.
c) As far as the customer or a prospective customer for the use of the newsletter (separately) logs on, this registration can be done under specification of the e-mail address without further information. The applicant explicitly agrees to the sending of the newsletter to the e-mail address given.
3. Data collected during the use of the website
b) The customer can set their browser to be notified when a cookie is sent. This opens up the possibility of either accepting or rejecting a cookie.
c) The data collected and analyzed by VEI is used to improve services and the website and to personalize the web experience as well as to allow easy logging in to permanently set log-in cookies. VEI uses third-party services to assess the effectiveness of the website and services and to determine how visitors use the website and / or the services. For this purpose, VEI may use web beacons (pixels) and cookies provided by the third party vendors to VEI for this purpose. Information that VEI collects includes pages visited, navigation patterns, and similar data. This data enables us to find out which product information is most interesting to our customers and which offers our customers are most interested in. Although the provider logs the data from our website on our behalf, VEI has control over how that information may be used or may not be used. The cookie itself does not contain any personal data, but if you provide personal data during your visit to VEI and do not delete the cookie from your browser after providing this information, VEI will collect the non-personal data stored in the cookie (such as the number of Visits to VEI) and saves them anonymously.
d) When visiting this website and in the context of the use of any services, the VEI server automatically saves the data transmitted by your browser whenever you visit a website. These server logs contain data such as your web request, IP address, browser type, browser language, the date and time of your request, and one or more cookies that uniquely identify your browser. The IP address is stored shortened for data protection.
e) The accesses to the HTTP server, which makes this website available to the Internet, are logged in the usual way as follows: browser type / version, operating system used, referrer URL (the referring page), host name of the accessing computer ( IP address), time of server request. The logs contain no personal data of the user. The log data can not be assigned to specific persons for VEI. A merge of this data with other data sources is not performed, the data is also deleted after a statistical evaluation.
f) The VEI website uses Google Analytics, a web analytics tool that allows VEI, as a website owner, to analyze how users interact with their websites. This information collected by Google Analytics is anonymous. Only website trends are determined here. The individual visitor remains unrecognized. 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. However, as this website is IP anonymised, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there. On behalf of VEI, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to VEI. The shortened IP address provided by Google Analytics as part of Google Analytics will not be merged with other Google data.
1. Opt-Out of individual data collections, objection to Google Analytics
a) As a user, you can generally decide whether your Internet browser should accept cookies or not. Please check if and how these settings are made to your Internet browser and change them as you like, if you do not want cookies to be set when using the VEI website.
b) You as the user of the website can further decide whether or not you want to allow tracking through these or other websites. For this purpose, a so-called "do not track" function is integrated in the popular Internet browsers, the activation of which does not carry out the above-described tracking processes of the website.
2. When you send e-mail messages or other communications to VEI, VEI retains such notifications in order to process the customer request, respond to questions and improve the website, products and services. For example, if feedback is provided, VEI may use and disclose this feedback for any purpose as long as VEI does not provide it with your personal information, unless the customer has specifically authorized VEI to do so on a case-by-case basis. The collection of the data contained in such feedback and the handling of all personal data contained therein is in accordance with the above data protection principles.
§ 3 data security
1. VEI takes the necessary security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. This includes internal reviews of data collection, storage and processing practices and security measures as well as physical security measures to protect against unauthorized access to the systems where we store personal information. When you enter sensitive information (such as credit card numbers used to purchase VEI products and services), VEI encrypts this information using Secure Socket Layer (SSL) technology.
2. VEI restricts access to Personal Information to VEI employees, contract workers and agents who need such information in order to provide, develop or improve the Services. These individuals are subject to confidentiality obligations and may be subject to disciplinary action, including dismissal and prosecution, if they fail to meet these obligations.
Up date: 05/2018
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