Terms of Service WOD and Ventures
If the following travel conditions have been effectively agreed between you and WOD and Ventures, the individual provisions will become the content of the travel contract.
They supplement the statutory provisions of §§ 651a - y BGB (Civil Code) and Articles 250 and 252 of the EGBGB (Introductory Act to the BGB) and fill them out. If there are deviations in the service description or individual agreements, these have priority over these travel conditions. Please read the following conditions carefully.
1. CONCLUSION OF A TRAVEL AGREEMENT / BINDING REGISTRATION
1.1. With the booking (travel registration), the traveler offers WOD and Ventures, in the following marked “WAV”, the conclusion of a binding travel contract. Registration is based on the service descriptions and prices given online on the Internet. As far as these are available to the traveler before booking.
1.2. Registration can be made written, by telephone or electronically (internet, e-mail) or by registering on the website for the travel service. The travel contract is concluded when WAV accepts the offer. Acceptance requires no specific form.
1.3. After the conclusion of the contract, the traveler will be sent a written confirmation by eMail if the traveler is not entitled to a travel confirmation in paper form according to Art. 250 § 6 Paragraph 1 Clause 2 EGBGB because the contract was concluded in the simultaneous physical presence of both parties or outside of Business premises. WAV is not obliged to send a written travel confirmation if the booking is made by the traveler less than 7 working days before the start of the journey.
1.4. When booking flights, WAV only acts as an intermediary. The contract of carriage is concluded directly between the traveler and the airline. The general terms and conditions of the respective airlines with their cancellation and rebooking conditions, which depend on the tarif booked, therefore apply to flights. WAV is happy to provide information on this.
2.1. The traveler is responsible for all contractual obligations of fellow travelers for whom he is making the booking, as for his own, provided that he has accepted this obligation by express and separate declaration.
2.2. The minimum age for participating in WAV's trips is 18 years. For travel participants who have not yet reached the age of 18 at the start of the trip, a written declaration of consent from the legal guardian is required.
3. CANCELLATION POLICY
WAV points out that according to the statutory provisions of §§ 312 ff. BGB, there is no right of withdrawal for the travel services offered that were concluded at a distance (in particular letters, telephone calls, faxes, e-mails, SMS as well as telemedia and online services) , but only the statutory rights of withdrawal and termination, in particular the right of withdrawal in accordance with Section 651h BGB. A right of withdrawal exists, however, if the contract for travel services according to § 651a BGB has been concluded outside of business premises, unless the oral negotiations on which the conclusion of the contract is based were based on a previous order by the consumer; in the latter case there is no right of withdrawal.
4. TRAVEL PRICE
4.1. In each individual travel description, a specific travel price can also be mentioned, which includes all specified services for this trip. This so-called "starting price" describes the cheapest price at which the trip can be booked. The stated, cheapest travel price refers to the minimum bookable travel duration in the cheapest travel period for 1 person in the cheapest available room category. Selecting other criteria (higher room category, longer travel duration, single occupancy) may result in a higher travel price.
4.2. If no same-sex roommate has registered up to 3 weeks before the start of the journey when booking a half double room, the traveler will automatically receive a double room for single use or a single room. In this case, the tour operator charges 50% of the single room surcharge. If the traveler does not agree to this, he or she has the option of either rebooking another group tour from the offer of the organizer free of charge or canceling the booked trip free of charge.
4.3. For bookings made within 3 weeks before departure, the organizer will charge the full single room surcharge if no roommate is available.
5. INVOICE / PAYMENT OF THE TOUR PRICE
5.1. 21 days before the start of the journey, the traveler will be sent the invoice in PDF format by email. This file was created in Adobe Acrobat Reader format. The program for opening the file can be downloaded free of charge from the Adobe website www.adobe.de.
5.2. Payments of the travel price may only be made against delivery of the security certificate (insolvency insurance) within the meaning of § 651r BGB. Since WAV does not have such an insurance, the entire travel price is due after the end of the trip, but no later than 7 days after the end of the trip, provided that the trip does not have any as in section 7.4. described defect had to show.
5.3. After receiving the invoice, the following payment methods are offered:
- Payment by invoice (bank transfer)
Payment by invoice, stating the customer and order number, is aimed at the following recipient.
WOD AND VENTURES
IBAN DE28 1001 7997 7483 0549 92
5.4. The payments are made in one sum for all travel participants. If the travel price is not paid in full and on time, although WAV was able to properly provide the contractual service and the traveler has no legal or contractual right of retention, WAV has the right to issue the necessary reminders with a flat fee of € 10 per To invoice a reminder. Please note that receipt of payment is decisive for compliance with the deadline. If the agreed travel price has not been paid in full within the specified period, this entitles WAV to charge compensation in the amount of double the travel price. Provided that there was no travel deficiency justifying a cancellation.
5.5. The travel documents will be sent to the customer together with the invoice for 21 days on a permanent data carrier.
6. SERVICES / MEDIATION OF EXTERNAL SERVICES
6.1. The services of WAV result from the information in the travel confirmation as well as from the description of services and the general information on the WAV website. Agreements or requests that change the scope of the contractual services require written confirmation by WAV. However, WAV expressly reserves the right to change the details of the offer before concluding the contract, which the traveler will of course be informed of prior to booking.
6.2. The excursions offered by WAV or by the service providers represented on site can only be carried out with the proviso that a minimum number of participants, which is determined by the respective organizer, is reached.
6.3. The non-contractual services provided by WAV through travel on behalf of the travel participants are not part of the travel contract. WAV is therefore not liable for the implementation of these services itself. Any liability is regulated in cases according to the conditions of the mediated company, which are communicated to the traveler.
6.4. Parts of the travel contract take place in the open air and are carried out, provided the traveler is not exposed to a high risk due to storms, hail / heavy rain, thunderstorms, floods, heat or cold. The cancellation of excursions by third-party providers is the responsibility of the service company represented. WAV does not guarantee this, but will endeavor to provide an appropriate replacement.
6.5. In connection with a trip to Berlin / Germany carried out by WAV, the traveler receives a ticket for the public transport of the BVG through the organizer. In this case, the organizer is only an intermediary and is not liable for delays or other failures by the BVG.
6.6. When booking other third-party services such as insurance or flights that are not part of the service tender, the organizer is only liable for the brokerage of the third-party service, but not for the provision of the service content.
6.7. The general terms and conditions and cancellation conditions of the respective contractual partner apply.
7. TRAVEL CANCELLATION / WITHDRAWAL FROM THE CONTRACT / CHANGES IN SERVICE AND PRICE
In the following cases, WAV can withdraw from the travel contract or terminate the travel contract after the start of the journey:
7.1 Without observing a deadline for behavioral reasons: If, regardless of a warning from WAV, the traveler is persistent or if he behaves in breach of the contract to such an extent that the immediate cancellation of the contract is justified, unless the behavior contrary to the contract is caused by a breach of information obligations by WAV.
7.2. WAV can withdraw from the contract up to the 7th day before the start of the journey if the minimum number of 10 people is not reached. If a different minimum number of participants is required, this is stated in the respective travel descriptions. If it becomes apparent at an earlier point in time that the minimum number of participants cannot be reached, WAV must inform the traveler accordingly.
7.2.1 If the trip is not carried out for this reason, WAV must reimburse payments of the travel price of the travel participant immediately, but in any case within 14 days of receipt of the declaration of withdrawal.
7.3. If the trip is made considerably more difficult, endangered or impaired as a result of force majeure that was not foreseeable when the contract was concluded, both WAV and the traveler can terminate the contract. The legal consequences result from the law. If the contract is terminated, WAV can demand appropriate compensation for the travel services that have already been provided or for the travel services that have yet to be provided to end the trip.
7.4. If a trip is significantly impaired as a result of a defect and WAV does not provide a remedy within a reasonable period, the traveler can terminate the travel contract within the framework of the statutory provisions - in his own interest and for reasons of evidence, expediently by means of a written declaration. The same applies if the traveler cannot be expected to travel due to a defect for an important, WAV recognizable reason. The traveler owes WAV the part of the travel price due to the services used, provided that these services were of interest to him.
7.5. WAV is entitled to change the agreed content of the travel contract for legally permissible reasons. Changes or deviations of individual travel services from the agreed content of the travel contract, which are necessary after the conclusion of the contract and which are not brought about by WAV, are only permitted insofar as these changes and deviations are not significant and do not affect the overall design of the booked trip.
7.6 In the event of termination or exclusion, WAV retains the right to the travel price; However, WAV must offset the value of the saved expenses as well as those benefits that WAV gains from using the unused service for other purposes, including the amounts credited by the service providers.
7.7. If the traveler is clearly not able to cope with the requirements stated in the respective travel description, physically or mentally, the WAV tour guide is entitled to exclude the traveler from the travel program in whole or in part.
7.8. WAV is obliged to notify the traveler of a permissible travel cancellation or a significant change to an essential travel service immediately after becoming aware of this.
7.9. If the trip cannot be carried out due to the corona pandemic and issued travel warnings or restrictions on meetings, WAV reserves the right to withdraw from the contract.
8. UNUSED PERFORMANCE
If the traveler does not make use of individual travel services due to early return or for other compelling reasons, WAV will endeavor to reimburse the saved expenses with the service providers. This obligation does not apply if the services are completely insignificant or if a reimbursement is contrary to legal or official provisions.
9. CANCELLATION AND REBOOKING OF THE TRAVEL PARTICIPANT
9.1. The traveler can withdraw from the trip at any time before the start of the trip. The withdrawal should be made in writing for reasons of preservation of evidence.
9.2. In the event of withdrawal, WAV can demand flat-rate compensation based on the following flat-rate amounts per person. The receipt of the travel cancellation declaration by WAV is decisive for the time of travel cancellation. The compensation will be calculated as follows after the traveler's declaration of withdrawal is received: Cancellation up to the 30th day before the start of the trip, a flat rate of € 80 Cancellation 29-21 days before the start of the trip: 50% Cancellation 20 - 15 days before the start of the trip: 75% Cancellation 14 - 0 days before the start of the trip: 100%.
9.2.1. Are there contracts between WAV and third-party providers (e.g. hotels, tourist guides,fitness facilities), which under point 9.2. contain different cancellation conditions (e.g. no cancellation possible), WAV reserves the right to change these conditions instead of those in 9.2. applicable conditions. The traveler will find the specific cancellation conditions explicitly on the website of the respective tour.
9.3. In the event that WAV can prove that the costs actually incurred at the time of cancellation are higher than estimated in the cancellation scale, WAV reserves the right to charge higher cancellation costs accordingly.
9.3.1. The proof that the damage was significantly lower than the flat rate demanded by WAV remains unaffected.
9.4. In the event of cancellation or no-show, the right to the booked space expires.
9.5. WAV is entitled to occupy the travel space vacated by the resignation of the traveler.
9.6. Until the start of the journey, the traveler can request that a third party take over the rights and obligations of the travel contract instead. WAV can object to the entry of the third party if the third party does not meet the special travel requirements or if his participation is contrary to legal regulations or official orders. If a third party enters into the contract, he and the traveler are jointly and severally liable to WAV for the travel price and the additional costs arising from the entry of the third party.
9.7. Requests for rebooking by the traveler that are made less than 21 days before the start of the journey can only be made, provided that they can be carried out at all, after withdrawing from the travel contract under the conditions set out in Section 9.2. and simultaneous new registration. This does not apply to requests for rebooking that cause only minor costs
10. PARTICIPANT'S OBLIGATIONS TO COOPERATE
10.1. Notification of defects: If the trip is not provided free of travel defects, the traveler can request a remedy. Insofar as WAV was unable to remedy the situation due to a culpable failure to report the defect, the traveler can neither assert a reduction in price according to § 651 m BGB nor claims for damages according to § 651 n BGB. The traveler is obliged to notify the tour guide at the holiday destination of his notification of defects immediately. If a tour guide is not available at the holiday destination, any travel deficiencies are to be reported to the tour operator at his seat. The tour guide is instructed to take remedial action, if possible. However, it is not authorized to recognize claims.
10.2. If a traveler wants to terminate the travel contract due to a lack of travel, he must set WAV a reasonable period of time for remedial action. This only does not apply if the remedy is refused by WAV or if immediate remedy is necessary.
10.3. Travel documents: The traveler has to inform the tour operator if he does not receive the necessary travel documents (e.g. flight ticket, hotel voucher, BVG ticket) within the period notified by the tour operator.
11. LIMITATION OF LIABILITY
11.1. The contractual liability of WAV for damages that are not bodily harm and were not culpably caused is limited to three times the travel price. Any further claims under international agreements or statutory provisions based on such remain unaffected by the restriction.
11.2. WAV is not liable for service disruptions, personal injury or property damage in connection with services that are only brokered as third-party services (e.g. arranged excursions) if these services are expressly identified as third-party services so clearly that they are not recognizable to the customer as part of the Travel services are provided by WAV and have been selected separately. Sections 651 b, 651 c, 651 w and 651 y BGB remain unaffected. However, WAV is liable if and to the extent that damage to the traveler was caused by the breach of information, clarification or organizational obligations by WAV.
12. VALIDATION OF CLAIMS AND LIMITATION OF LIMITATIONS
12.1. The traveler has to assert claims according to § 651 i BGB against WAV. The assertion can also be made through the travel agent if the package tour was booked through this travel agent. An assertion on a permanent data carrier is recommended. Claims by the traveler due to travel defects become statute-barred after two years. The statute of limitations begins on the day following the day of the contractual end of the trip.
12.2. If negotiations are pending between the traveler and WAV about the claim or the circumstances giving rise to the claim, the statute of limitations is suspended until the traveler or WAV refuses to continue negotiations. The statute of limitations occurs at the earliest 3 months after the end of the suspension.
13. PASS-; VISA AND HEALTH REGULATIONS
13.1. WAV will inform travelers about passport, visa and Inform health regulations and any changes to them before departure.
13.2. The traveler is responsible for procuring and carrying the travel documents required by the authorities, as well as for complying with customs and currency regulations and any necessary vaccinations. A traveler who does not have complete and proper travel documents at the start of the trip or during the trip can be excluded from the trip. In this case, expenses cannot be reimbursed.
We recommend taking out travel cancellation insurance and insurance to cover repatriation costs in the event of an accident or illness.
15. INFORMATION REGARDING CONSUMER DISPUTE
Settlement With regard to the law on consumer dispute resolution, WAV points out that it does not participate in voluntary consumer dispute resolution. If consumer dispute settlement would become mandatory for the tour operator after these travel conditions have been printed, the tour operator will inform the tour participant of this in an appropriate form.
16. USE OF PICTURES / DATA USAGE / DATA PROTECTION
The traveler agrees that he may take photos of events and sporting activities during his stay and that these photos may be used for marketing purposes by the WAV. This consent can be revoked in writing at any time. The traveler consents to the personal data collected (inventory data) being used for market research and marketing purposes. With regard to the registered data of the traveler, WAV undertakes to comply with data protection and media law provisions. In particular, the data will be treated confidentially. The traveler can revoke his consent at any time in writing. If he has withdrawn his consent, data will not be used in accordance with this paragraph.
17. USE OF UNENCRYPTED EMAIL
The security of the transmission of e-mails cannot be guaranteed. Information transmitted via e-mail can be intercepted or changed, lost or destroyed, arrive late or incomplete, or contain viruses. WAV therefore assumes no liability for errors or omissions of any kind in the content or for other risks that can be traced back to the transmission via e-mail. If you leave us your e-mail or send us unencrypted e-mails yourself, we assume that you are responsible for taking the risks mentioned above.
18. EFFECTIVENESS / INVALIDITY
18.1. The ineffectiveness of individual provisions of the travel contract does not result in the ineffectiveness of the entire travel contract.
18.2. With the appearance of a new product description, the effectiveness of the conditions and prices of the previous product description expire automatically.
19. PLACE OF JURISDICTION
The traveler can only sue WAV at its headquarters. German law applies exclusively to the contractual relationship. For lawsuits by WAV against the traveler, the domicile of the traveler is decisive, unless the action is directed against registered traders or persons who have moved their domicile or habitual residence abroad after the conclusion of the contract, or their domicile or habitual residence at the time is not known when the action is brought. In these cases, the seat of WAV is decisive. As of December 2020
20. RESPONSIBLE FOR WOD AND VENTURES SERVICES
Silvana Voigt Charlottenstrasse 63 13156 Berlin
Contact mobile: + 49 (0) 173 6612 320