General terms and conditions of 28peaks GbR
As of: March 31st, 2020
Cloten, Clotten, Pfeifer, Pfeifer GbR
52066 Aachen (Ger)
Dear customers, the following rules and regulations are part of the tourist travel contract between you and the Clotten, Clotten, Pfeifer, Pfeifer (additional name: 28peaks) GbR, in the following text called „28peaks“. They complement and fullfill the legal regulations as recorded in §§ 651a – m BGB (Bürgerliches Gesetzbuch) and the regulations as recorded in „Informationsvorschriften für Reiseveranstalter“ §§ 4 – 11 BGB – InfoV (Verordnung über Informations- und Nachweispflichten nach bürgerlichem Recht) - regarding German law. Please read these regulations carefully before booking your trip!
Signing of the tourist travel contract
1.1) The following regulations apply to all posting types and ways of signing.
1.2) The liability of 28peaks is based on the descriptions and information in English in the form they are available to the customer. These descriptions and information are the basis for the offers. The translations done by 28peaks are an additional service and are not the base for legal liability.
1.3) The language of the contract is English.
1.4) By booking a trip in whatever way (verbal, written or through data transmission) the customer offers 28peaks to sign a tourist travel contract. When booking online this happens by clicking the buttom „Book“.
1.41) A booking, whether done verbal, written or through data transmission doesn’t justify a claim on a tourist ravel contract.
1.42) Only a written confirmation will result in a contract between the customer and 28peaks. The confirmation can be done in either form.
1.5) 28peaks points out that according to legal regulations (§ 312g Abs. 2 Satz 1 Ziff. 9 BGB) there is no special right of withdrawal from a package holiday even if the booking had been done by phone, fax, online or by email. Only the normal right to withdrawal and the right of termination can be implemented (§651i BGB). Please read also figure 6 of these regulations.
Modifications of the tourist travel contract
2.1) In case one or more of the supervisors that were forseen for a workshop or any other tour drops out and 28peaks is not responsible for the drop out, 28peaks is not liable to find a supervisor of equal value. If in this case there will be a loss of quality, a warranty claim can not be deduced.
2.2) Furthermore there can be no warranty claim deduced if services as decribed in the tourist travel contract have to be modified. This does not apply if the modifications are major and of a kind that changes the tour-concept. Warranty claims also can be enforced if the modifications have major deficiencies.
2.3) It is the liability of 28peaks to inform the customer if there will be major modifications in the service description as soon as 28peaks gets to know about it. 28Peaks also has to inform about the reasons for modifications.
2.31) In this case the customer has a right to withdrawal from the contract and refunding of all payments. The customer has to inform 28peaks about the withdrawal within seven days after the modifications were anounced. If the customer doesn’t inform 28peaks within this deadline, a new contract with all announced modifications enters into force.
2.32) In case of a withdrawal as described, 28peaks can offer to the customer a tour of equal value without additional costs. The offer is not binding and must not be accepted by the customer.
2.4) After the tourist travel contract has been confirmed, the customer may not make any modificationns to whatever extent. This applies to changes of dates, destination or accomodations. In case 28peaks accepts modifications wanted by the customer, an extra fee can be charged.
2.5) In case a customer does not utilize certain services completely or partly during a tour because of illness or early departure 28peaks is not liable to pay compensation in any form, completely or partly.
3.1) After the customer has received a confirmation a deposit has to be paid. The exact amount and the payment date are specified in the particular offer and will be brought to the knowledge of the customer while booking a tour and before the customer dispenses a binding offer.
3.2) The final payment is due latest when the tour cannot be canceled anymore for reasons as described in figure 4.6. The exact amount and payment date are part of the tourist travel contract.
3.3) The customer must settle all payments according to the payment dates listed in the tourist travel contract. In case the customer does not pay on time, 28peaks will send a reminder and a dunning letter with a new payment date. If the customer does not meet these obligations 28peaks can withdraw from the contract and charge the customer extra fees according to figures 4.1 and 4.2.
Withdrawal from the tourist travel contract
4.1) The customer can withdraw from the tourist travel contract at any time in written or verbal form. The customer is not obliged to give any explanation.
4.11) In case the customer’s withdrawal was not inflicted by 28peaks or due to force majeure, 28peaks can raise a claim on appropriate compensation.
4.12) The compensation payment is scheduled according to the date of withdrawal and the time left until the tour is supposed to start. The following rates are mandatory, unless something else is agreed on in the tourist travel contract. The compensation rates refer to the full travel price stated in the travel contract.
Up to 90 days before tourstart: 100%
89 to 60 days before tourstart: 50%
59 to 15 days before tourstart: 10%
In case the customer cancels any later than this no refund is possible.
4.2) In case the customer’s withdrawal has caused higher expenses than indicated in the list above, 28peaks is entitled to claim a different compensation.
4.3) The customer has the right to name a person that will participate instead of himself.
4.4) The customer has the right to prove that the loss for 28peaks, caused by his withdrawal, is less than the percentage listed above. If this can be proved, the compensation will be reduced to the real loss 28peaks had to realize.
4.5) If for any reason 28peaks has to cancel a tour, the customer must be informed immediately. In this case 28peaks has a right to withdrawal from the contract. Any payment made by the customer has to be refunded.
4.6) In case the minimum number of participants, as indicated in the contract, cannot be achieved, 28peaks can withdraw from the contract. Any payment made by the customer has to be refunded.
4.61) 28peaks has to point out the minimum number of participants and the deadline in writing by Email.
4.7) 28peaks can terminate the contract without respite if the customer repeatedly and despite warnings by 28peaks or a authorized person behaves in a way that the operating of the tour is seriously affected. This can also be applied if the customer repeatedly acts against the regulations of the contract. In this case the customer can claim no refund. Only the expenses 28peaks didn’t incur because of the termination will be refunded to the customer. If 28peaks can sell services that were part of the terminated contract to somebody else, then the value of these services also has to be refunded to the customer.
4.8) If there are different regulations concerning withdrawal and compensation payments in the tour descriptions as mentioned in this general terms and conditions, the regulations mentioned in the tour description have priority over those in this terms and conditions. 28peaks has to point out all regulations concerning withdrawal and compensation in writing by Email.
5.1) In case the customer suffers from any deficiencies during a tour, 28peaks has to be informed immediately about the deficiencies. If the customer does not inform 28peaks immediately he can not claim a reduction or refund.
5.11) This, as described in figure 5.1, will not be the case if the information of 28peaks is not reasonable for the customer because no member of 28peaks is present or accessible. If no member of 28peaks takes part in the tour, the customer will be informed before tourstart how 28peaks can be reached at any time.
5.12) A member of 28peaks who is informed about deficiencies is commissioned to take care of immediate relief, if possible. He is not commissioned to acknowledge any claims the customer might make.
5.2) The customer has to allow an appropriate time for the deficiencies to be solved before he can withdraw from the contract according to § 651c BGB and § 651e BGB. An appropriate time-limit is not neccessary if the deficiencies can not be solved or the member of 28peaks refuses to take care of it.
6.1) The liability of 28peaks is limited to a triple of the price of the tour if the damages are not concerning the lives, bodies or health of the customer. This is not the case if the damage was caused willingly or carelessly by 28peaks. If the damage is caused by a service provider who has a contract with 28peaks, the liability is always limited to the triple price of the tour. In this case the service provider is liable.
6.2) 28peaks is not liable for damages or disruptions, for physical injury or damage to property if 28peaks only acts like an agent and the services are organized by a service provider. (e.g. excursions, sporting events, theatre visits, exhibitions, transportation to and from the starting point, etc.), if these services have been pointed out by 28peaks in the tour description and/or in the contract as a contracted service.
6.3) 28peaks is liable for any other transportation, except as described in figure 6.2, and any accommodation during the tour. 28peaks is also liable for damages caused by neglecting the duties of information, reconnaissance and organization.
Enforcement of claims
7.1) Claims according to §§ 651c to f BGB have to be enforced within one month after the end of the tour as described in the tourist travel contract.
7.2) The enforcement can be claimed towards 28peaks using the following adress: 28peaks GbR, Friedrich-Ebert Allee 4, 52066 Aachen, Germany
7.3) After this deadline the customer can only claim enforcement if he can prove that without being self-inflicted he could not meet the deadline.
8.1) Customer claims according to §§ 651 c to f BGB concerning damages of lives, physical injuries or health injuries which were caused by a willingly or carelessly behaviour of 28peaks or an authorized person become time barred after two years. This also implements claims for other damages which were caused by a willingly or careless behaviour of 28peaks or an authorized person.
8.2) All other claims according to §561c to f BGB become time barred after one year.
Health, passport and visa regulations
9.1) 28peaks acts on the assumption that the customer shows no specific features such as dual citizenship or statelessness, at the time the contract is confirmed. Disadvantages caused by such specific features have to be compensated by the customer and are his liability.
9.2) The customer is liable to provide himself with and carry with him the necessary travel documents, required vaccinations and respect custom and exchange control regulations. Disadvantages caused by failure to comply with these regulations have to be compensated by the customer and are his liability.
9.3) 28peaks will not provide visa for the customer. The customer has to take care of this himself. If a visa doesn’t arrive on time or will not be issued, the customer is liable and can claim no refunds.
Withdrawals caused by force majeur
10.1) To withdraw from the tourist travel contract please see legal regulations as laid down in §651h BGB. The regulations are as following:
10.11) If a tour can not be operated because of force majeur that could not be forseen at the time of confirmation, the tour operator as well as the customer can withdraw from the contract according to the measure of this regulation.
10.12) If the contract is terminated according to passage (1), the regulations according to § 651h will be applied. Additional costs for the return journey will be split in half between 28peaks and the customer. Any other additional costs have to be paid by the customer.