1.  The contract

1.1. When sending the booking form to DRR, the customer makes a binding offer for the booking. Background of this booking is the proposal of the tour plus any additional information the client got from DRR.

1.2. The customer is obligated to give full and true particulars that are needed when doing the booking, especially concerning riding qualification and weight. This information will only be used for organizing the holiday. Wrong or uncomplete particulars can result in a cancellation by DRR.

1.3. Suppliers (e.g. hotels, airlines or riding stables) are not authorized to make agreements, to provide information or confirmations, which change the content of the travel contract, that exceed the content of the contract or disagree with the proposal.

1.4. Brochures of hotels or riding stables, which were not handed to the customer by DRR, are not binding for DRR and its liability, except if their content was specifically made part of the contract.

1.5. The booking can be done in written form, per fax or by e-mail. When getting an e-mail, DRR will promptly acknowledge receipt of the e-mail. The booking is done by the party leader for all persons named in the booking. The party leader will be responsible for the others` contracts like for his own.

1.6. The contract is accomplished with the declaration of acceptance by DRR, this declaration doesn`t need to have a special form. With or right after the conclusion of the contract DRR will transmit a confirmation to the customer. DRR is not obligated to do this, when the booking was made later than 7 days before the beginning of the trip. All correspondence will be conducted with the party leader.

1.7. If the content of the contract diverges from the content of the proposal, DRR does point this out explicitly. Then a new offer exists, that DRR is bound to for 10 days. The contract is then accomplished with the clients´ acception of the new offer. This can also be expressed by payment of the deposit or of the final payment.


2. Payment conditions

2.1. After conclusion of the contract and delivery of the voucher from the insolvency insurance (according to § 651k BGB) a deposit of 10% of the price for the tour – at most €  260,-- per person – becomes due. The final payment becomes due 4 weeks before the beginning of the tour, if the voucher from the insolvency insurance was delivered and the trip cannot be cancelled for one of the reasons mentioned in no. 9b) any more. Customers doing short-term-bookings have to pay the total amount right after receiving the voucher of the insolvency insurance.

2.2. If DRR is prepared and able to provide the contractual services and the customer has no contractual or legal right of retention, without the payment for the entire tour there is no right to claim the services or getting handed over the travel vouchers.

2.3. If the customer doesn’t effect the deposit or the final payment according to the dates agreed on, DRR has the right – after a reminder with appointment of a date – to cancel the journey and to charge cancellation costs according to no. 7.

2.4. DRR can charge extra costs up to € 30,-- per invoice (for express mail, expenses for collection procedures, costs for bank transfers or costs for cash on delivery) due to special agreements.

2.5. The travel vouchers will be sent or handed out to the client after receiving his payment.


3. Services

3.1. Extent and character of the contractual services result from the description of the services in the proposal and thereon resulting in the confirmation.

3.2. DRR reserves the right to declare a change in the services before conclusion of the contract for factual legitimated, important and unforseeable reasons. Certainly the customer gets informed about the change before the confirmation of his booking.


4.  Change of services

4.1. Changes of fundamental services of the contractual content, that become necessary after conclusion of the contract and that DRR didn´t bring about acting against good faith, are only permitted, if the changes are not extensive and don’t change the overall arrangement of the journey.

4.2. Possible warranty claims stay unaffected, as far as the changed services are afflicted with imperfections.

4.3. DRR is obligated to inform its customer about changes of fundamental services right after getting notified about the reason for it.

4.4. In case of an extensive change in a fundamental service, the client has the right to cancel the trip free of charge or to request a different journey at least equivalent to the original one, in case that DRR is able to offer such a journey without additional costs for the client. The client has to claim these rights immediately after he was informed about the change or the cancellation of the trip.


5.  Price changes

DRR reserves the right to increase the contractual price in case of an increase in carriage costs, in costs like harbour or airport taxes or a change in exchange rates related to a trip in the following way..

5.1. If the carriage costs, particularly the fuel costs, increase after conclusion of the contract, DRR can increase the price of the trip according to the following calculation:

a) In case of an increase per seat, DRR can ask the amount of increase from the customer.

b) Otherwise the additional carriage costs asked from the carrier will be divided by the number of the seats of the transportation agreed on. The resulting additional amount per seat can be asked from the customer.

5.2. In case of an increase in harbour or airport taxes after the conclusion of the contract, DRR can increase the complete price with the appropriate amount.

5.3. In case of a change in the exchange rate, DRR can increase the complete price in the way how the tour became more expensive for DRR.

5.4. An increase of the complete price is only permitted, if there are at least 4 months between the conclusion of the contract and the beginning of the tour and if the circumstances, that led to an increase of the price haven´t been occurred or foreseeable for DRR before conclusion of the contract.

5.5. In case of a subsequent change in the price DRR has to inform the client immediately after getting notified about the reason for the increase.An increase in price is only permitted if the customer gets informed at the latest 21 days before departure date. In case of an increase of more than 5% of the price, the client has the right to cancel the trip free of charge or to request a different journey at least equivalent to the original one, in case that DRR is able to offer such a journey without additional costs for the client. The client has to claim these rights immediately after he was informed about the price change.


6.  Services not made use of

If single services are not made use of for urgent reasons, DRR will try to get a refund from its suppliers, in case that the client sends us his confirmation. Usually there is no legal claim for getting a refund. A refund does not apply, if the services are irrelevant or if it is in conflict with legal/official terms.


7.  Rescission by the customer

7.1. The customer can recede from the travel contract at any time before the beginning of the trip. We recommend to declare the rescission in written form.

7.2. If the customer recedes from the contract, DRR loses the claim to receive the price for the tour. DRR can ask an appropriate compensation for the effort in preparing the trip and for the expenses. The amount of the compensation depends on the price for the tour less the saved expenses as well as the amount that could be earned in case of an ulterior use of the tour. DRR can chose to charge this concretely or trivialized. The tour operator can ask a trivialized compensation according to the following scale:

Up to 70 days before departure date: 15% of the price
From the 69th up to the 41st day before departure: 30% of the price
From the 40th up to the 31st day before departure: 40% of the price
From the 30th up to the 20th day before departure: 50% of the price
From the 19th up to the 11th day before departure: 60% of the price
From the 10th up to the 7th day before departure: 70% of the price
From the 6th day before the tour up to departure day and in case of not showing up: 90% of the price

The client is free to prove DRR, that there didn’t occur any disprofit or a much lower disprofit than asked using the trivialized compensation.

7.3. DRR recommends to contract the following insurances: travel cancellation insurance, travel health insurance including return transport and baggage insurance. For these contracts the general conditions of the respective insurance do apply.

7.4. Up to the day of departure the customer can request, that a third person takes over the rights and responsibilities of the travel contract. DRR has to be informed about this request. DRR can disagree to this change, if the third person doesn´t conform to the specific travel requirements or if his participation is in conflict with legal / official terms. If a third person enters into the contract, he and the assigner adhere for the travel price and for the additional costs that occur because of this change.


8.  Changing a booking

8.1. After conclusion of the contract the customer has no right to change travel date, destination, location of departure, accomodation or mode of transportation. If a change in the booking is possible and realized according to the request of the customer, DRR can ask a fee of € 30,-- in case of the same destination and € 60,-- in case of a different destination – provided that the change is realized in the period of the first cancellation step according to no. 7.2.

8.2. Requests for changes that happen after the first cancellation step (in case that they are possible) can only be realized by a cancellation of the contract according to no. 7 and a new booking. This doesn´t apply for changes that do cause only low costs.


9.  Rescission and cancellation by DRR

DRRR can recede from the contract before or after departure of the customer in the following cases:

a) without adherence to a time limit

In case that the traveller strongly disturbes the tour regardless of a warning by DRR or if he behaves contrary to the contract at such a rate, that the immediate cancellation of the contract is justifiable. If DRR cancels the contract, we keep the claim for the travel price. But the value of the saved expenses and the advantage of an ulterior use of the services – including refunds of the service providers – will be conducted.

b) up to 4 weeks before the beginning of the trip

In case that the minimum attendance of a tour – according to the proposal – is not reached. In either case DRR is obliged to inform the customer right after the occurrence of the condition for not realizing the trip and to send him the resignation right away. The customer will immediately get back the paid price.


10. Warranty, obligation and cancellation of the customer, exclusion of claims, limitation of time

10.1. If the journey isn’t provided according to the contract, the customer can demand corrective, whereas DRR can refuse the corrective, if it requires a disproportional effort. DRR can put the things right by offering an at least equivalent alternative service. Appearing deficiencies have to be notified immediately under the below mentioned address/telephone number and the corrective has to be demanded there.

10.2. If a trip is affected extensively by a deficiency and DRR doesn´t put things right within an appropriate period, the customer can cancel the contract according to legal regulations, whereat we recommend a written statement. DRR informs about the responsibility of the customer to notify immediately appearing deficiencies. This only doesn’t apply if the notice is futile or unacceptable for different reasons. Additionally the customer has the responsibility to set DRR an appropriate period to set things right before cancelling the contract, if the corrective is not impossible or refused by DRR or if the immediate cancellation of the contract is justified by a special interest.

10.3. In case of the existence of a deficiency the customer can claim damages irrespective of the reduction of the price or the cancellation of the contract, unless the deficiency is caused by a circumstance, which is not part of the responsibility of DRR.

10.4. Contractual warranty claims have to be asserted to DRR under the below mentioned address within one month after the contractually scheduled end of the journey. After the expiration of one month the traveller can only lodge the claim if he was hindered for the observance of the time limit independent of negligence or if it is a matter of tortious claims.

10.5. The customer has the obligation to cooperate, to avoid possible damages or to keep them low in case of appearing defaults according to the legal obligation concerning the mitigation of damages. If the customer culpably refrains from the indication of a deficiency, he has no claim for a reduction of price.

10.6. Travel contractual claims of the client become time-barred after one year according to §§ 651c to 651f BGB. The limitation of time starts with the contractually scheduled end of the journey. If the trial between the client and DRR is pending concerning the claim or the circumstances that caused the claim, the limitation of time is inhibited till the client or DRR refuse the trial. The limitation will then apply at the earliest 3 months after the inhibition. Claims in tort are subject to legal statue of limitation.


11. Cancellation because of force majeure

If the journey is made extensively difficult, is at risk or affected because of force majeure that was not foreseeable at the time of the conclusion of the contract, as well DRR as the client can both cancel the contract. If the contract is cancelled, DRR can ask an appropriate compensation for already adduced services or for services that are still to adduce for finishing the journey. Beyond DRR has the responsibility to take necessary measures, particularly if the contract includes the transportation back, to bring the traveller back. The additional costs for the transport back are paid one half each by both parties. For the rest the additional costs are paid by the traveller.


12. Liability of DRR and limitation of liability

12.1. DRR is liable according to the legal regulations of the German travel contract law. DRR isn’t liable for information written in brochures of its service providers. For damages that are not damages of the body the liability of DRR is limited to the triple of the tour`s price,

a) if the damage of the customer is effectuated neither intentionally nor grossly negligent or

b)if DRR is liable for a damage of the client only because of the default of a service provider.

12.2. The tortious liability of DRR for property damage is limited to the triple of the tour´s price, if they are not based upon intention or gross negligence.This maximum compensation applies per customer and tour. Possible claims going beyond this amount in conjunction with luggage according to the Montreal Convention stay unaffected of this limitation.

12.3. DRR is not liable for defaults, damages of persons or property in conjunction with services, where DRR did only act as an agent (external services) – e.g. excursions, sporting events, visits to a theatre, exhibitions, transport services from or to the offered point of departure or arrival – if these services are clearly characterized as external services stating the name of the service provider in the proposal and the travel confirmation, so that it is obvious for the client, that they are not part of the travel services of DRR. DRR is liable however

a) for services that do contain the transportation of the client from the offered point of departure to the offered destination, transportation during the tour and the accomodation during the tour

b) If DRR is guilty for a damage of the client because of a violation of the responsibility for advicing, clarifying and organizing.


13. Regulations concerning passports, visas and health

13.1. DRR will inform citizens of the European Union, in which the tour is offered, about regulations concerning passports, visas and health before the conclusion of the contract and again in case of changes prior to departure. For citizens of other countries the responsible consulate provides information. Thereby it is assumed that there doesn’t exist any peculiarity of that person or any fellow passenger (e.g. a second citizenship, statelessness).

13.2. The customer is responsible for providing and carrying along the travel documents needed, for possible needed vaccinations and the compliance with customs and exchange control regulations. Disadvantages, that do arise because of a non-compliancy of these regulations – like the payment of rescission costs – are for his account. This doesn’t apply if DRR culpably didn’t inform at all, didn’t inform enough or did give wrong information.

13.3. DRR is not liable for the punctual issue and receipt of visas through the respective diplomatic representation if the customer has instructed us to take care of it, only if DRR has violated the responsibility culpably.


14. Invalidity of particular terms

The invalidity of particular terms in the travel contract doesn’t result in the invalidity of the whole contract.


15. Duty to supply information about the identity of the executing airline

DRR with the booking is obligated to inform the customer about the identity of the executing airlines of all flight transport services according to the “regulation of the European Union concerning the information of air passengers about the identity of the executing airline”.

If at the time of booking the executing airlines are not defined yet, DRR is obligated to inform the customer about the airlines that are expected to execute the flights.

As soon as DRR has the information about the finally executing airlines, it will inform the customer right away.

In case that the airline named to the customer changes, DRR will immediately take the necessary steps to inform the customer about this change as soon as possible.

On DRR`s website there is a link to the actual “Black-list” on the website of the European Comission.


16. Applicable law and place of jurisdiction

16.1. For the contractual relationship between the customer and DRR only German Law will be used. This is also valid for the whole legal relationship.

16.2. If for lawsuits of the client versus DRR in a foreign country German Law isn’t used concerning the liability of DRR, for the legal consequences, especially for character, extent and amount of claims of the customer, only German Law is then used.

16.3. The customer can sue DRR only at its registered office.

16.4. For lawsuits of DRR versus the customer the domicile of the customer is decisive. For lawsuits versus customers and contractual partners respectively, which are tradesmen, public or private legal entities or persons, that have their residence or habitual domicile abroad or whose residence or habitual domicile wasn’t known at the beginning of the lawsuit, place of jurisdiction is at the registered office of DRR.

16.5. the previous regulations don’t apply

a) if from regulations of international agreements that are contractually obligatory and that apply to the travel contract between the customer and DRR results something different to the client´s favour.

b) If in the customer’s country of residence within the EU there are contractually obligatory regulations that apply to the travel contract and that are more advantageous for the customer than the previous regulations or the respective German regulations.

DoppelReiter-Reisen
Owner: Dipl.-Kffr. Anja Doppelreiter
Schwarzenbacher Str. 31
66620 Nonnweiler
Germany

Telephone: 0049-(0)6873-669803
Fax: 0049-(0)6873-669805

E-Mail: info(at)doppelreiter-reisen.de
Web: www.doppelreiter-reisen.de

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