In further text „agency“ or „we“
§ 1 Validity
Our products, services and offers are exclusively bound to these Booking Conditions. These are part of all our contracts, which we make with our clients for all the products and services which we offer. Any other not identical terms will not be accepted by the agency, except specifically agreed on by the agency in advance and in written form.
§ 2 Offer and contract
(1) All offers and prices contained in anouncements and other publicity are subject to change and not binding.
(2) By registering for a certain travel offer the client is making a binding offer to close the contract with the agency. We can accept this offer until the end of three following work days. In this matter we will confirm the booking of the client (booking confirmation).
(3) Clarifying we inform the client that he has no right of withdrawal.
§ 3 Prices and payment
(1) The stated prices are inclusive VAT (value added taxes).
(2) Payments can only be carried out by transfer on a bankaccount stated by the agency.
(3) If not specifically agreed on, the payments are to be executed in the following manner:
- 20% of the complete amount until at least 14 days after receiving the booking confirmation and security translucent
- 80% of the complete amount at least 2 months before the travel date
With last minute offers and offers which are being put on the market less than 2 months before the start of the trip the following payment conditions are valid:
- 50% of the total price within 14 days after receiving the booking confirmation and the security translucent
- 50% of the total price within the latest 1 month before the travel date
§ 4 Cancellation fees
(1) The client is allowed to cancel at any time the booking- without any explanation. In this case the agency looses the right of claiming the payment but receives a reasonable cancellation fee. As resonable fees -if not agreed on differently- we state the folowling rates:
- Until 6 months before the beginning of the trip: processing fee of 50 €
- 6-3 months before the beginning of the trip: 15 % of the trips price
- 3 month till 31 days before the beginning of the trip: 25% of the trip price
- From 30 days before the beginning of the trip: 40% of the trip price
- From 15 days before the beginning of the trip: 60% of the trip price
- From 7 days before the beginning of the trip: 80% of the trip price
- From 3 days before the beginning of the trip: 90% of the trip price
(2) Cancellation fees as mentioned in article (1) are not obligatory to be payed if, at the place of destination or right next to it, unusual cirmustances are occurring, which are interfering significantly with the execution of the trip.
(3) The agency is allowed to draw back from the contract before the beginning of the trip if,
- less participants than announced in the minimum of participants are registered for the trip. In this case we will inform the client about our withdrawel from the contract at least 20 days before the beginning of the trip.
- because of exeptional, inevidable circumstances it is impossible for the agency to fullfill the contract. In this case we will anounce the withdrawal of the contract directly after knowledge of the reason of withdrawal.
In case of a withdrawal by the agency we will loose the claim of the price agreed upon. If the client has already induced payment, we will immediately refund this payment, but surely within a maximum of 14 days after withdrawal.
§ 5 Change of Service
We are-before the beginning of the trip. allowed to make unimportant changes of the contract´s terms (o.e. a different order of the programs content). We will communicate such a change to our client on a durable data carrier in an emphasised manner.
§ 6 Substituting Clients
(1) The client has the right to send a substitute before the beginning of the trip, but within at least 3 days before the trips starting date. He has to declare this by using a comprehensible written declaration.
(2) We are allowed to refuse an acceptance of this substitute if the substituting client does not match the contracts trip requirements.
§ 7 Regulations of Transfers
(1) The client is requested to arrive at the airport of destination before the trip starts. It is free for the client to decide in which way he travels to the destination. The agency is not responsable for the travel to the destination airport, we also cannot act as provider. The agency will inform the traveller about necessary passport, visa- and other entry requirements if necessary. The client is responsible by him/herself to recognize these informations and organize the required documents in time. The agency doesn´t refund trips which have to be cancelled because of the clients unsufficient visa documentation or similar problems to enter the destinations country.
(2) The arrival time will be communicated by the client at the moment of booking or at least one day before the airfare using a written E-mail.
(3) If the client is arriving with delay, we have to inform that extra costs are possible to ocur because of the aditional service. The client has no right for a substitution of the missed parts of the trip neither can we refund part of the trip price because of a delayed arrival of the client.
(4) These conditions are as well valid for the clients departure and the transfer back to the airport. Therefore the client is kindly asked to communicate the departure time at least one day before departure at the destination to their travel guide.
§ 8 Liability
(1) The liability of the agency because of a trip´s defect is excluded if the defect
- is provoced by the client, or
- from a third party, which is neither the agency nor in any way involved in the execution of the contract´s content and is unpredictable and inevidable, or
- provoced by inevidable, extraordinary circumstances.
(2) The liability of the agency, which doesn´t include a personal injury and isn´t induced culpably, is reduced to three times the amount of the travel price.
(3) We want to inform specifically and clearly that the agency is not liable for providers at the destination, if we are only giving tips and mentioning offers of other providers.
§ 9 Travelling with minors
(1) The agency informs in advance about the required age of the sportprogram of interest. In principle we state that minors can participate only accompanied by at least one parent. The agency is aming for an offer which is ageconform but cannot guaranty for an alternative equal to the generally offered package.
(2) The agency doesn´t guaranty childcare or babysitting when minors are participating.
§ 10 Data protection
(1) Following we inform that we survey personal data when making a business contract. Personal data is data which is personally related to you, o.e. name, address, email, payment data, booked trips. Responsable according to Art. 4 Abs. 7 DS-GVO is Stefanie Graßl, Funsport Sardinia, Burgstr. 11, 87480 Weitnau, Telefon: +49 8378 3507884, E-Mail: firstname.lastname@example.org
(2) The data is ascertained, saved and possibly transfered to others, if necessary, to be able to provide successfully our services and based on Art. 6 Abs. 1 S. 1 lit. b DS-GVO. If the client refuses providing the data, the contract might not be executed. When we provide you with our products, we transfer your data to our partners, if this is neessary for the products delivery.
(3) We are undertaking recent technical measures for securing your personal data. Those are updated to the current state of the art.
(4) You have the right to ask at any time information about the personal data safed in our systems (Art. 15 DS-GVO) This counts also for the recipients and types of recipients to whom we transfered the data. Further you have the right to demand, under the circumstances of. 16 DS-GVO the corrections, and/or under the circumstances of Art. 17 DS-GVO the cancellation and/or under the circumstances of Art. 18 DS-GVO the restriction of usage. Further you can ask at any time under the cirumstances of Art. 20 DS-GVO for a transfer of the data. Personal data is being safed the time necessary (usually the time during a contracts validity) or as stated in data protection law binding deadlines.
In case of processing private data due to recognization of tasks regarding public interest (Art. 6 Abs. 1 S. 1 lit. e DS-GVO) or for recognization of entitled interests (Art. 6 Abs. 1 S. 1 lit. f DS-GVO), you can at any time refuse the processing of your personal data effective immediately. In case of your opposition we are obliged to stop processing any of your personal data, except
- in case of reasons which are compellingly and worthy of protection and outweighing your interests, rights and liberties, or
- the processing is necessary for assertion, execution or defense of legal claims.
You can at any time refuse the processing of data for the usage of direct advertising, this also counts for profiling, if it is directly connected with advertising. In case of opposition we are obliged to stop any further processing of data for advertising.
(5) We reserve to transfer data to bureaus of information, if this is necessary to check the credit worthyness, only if the client is agreeing to this in advance. We also won´t transfer any personal data of our clients to others without a clear agreement by the client, except in case of a legally binding necessaty.
(6) The survey, transfer and processing of personal data of the client is only being executed when none of the cases written in § 10 are taking place.
(7) We kindly ask you to send all requests for information and oppositions to the contact mentioned in part 1. For further information we refer to the full text of the DS-GVO, which is to be found on the internet under https://dejure.org/gesetze/DSGVO and our declaration of data protection which is to be found under Datenschutz. Further you have the possibility to file a complaint at the supervisory authority for data protection in Germany.
§ 11 Applicable Law and Jurisdiction
(1) The contract between us and the client is subject of binding international private regulations and the law of the Bundesrepublik Deutschland with exclusion of the UN Sales Convention.
(2) If the client is a businessman iSd. § 1 Abs. 1 of the Commercial Code (HGB), a legal entity of the public law or a public-law special fund, the executing court is for all cases concerning the contract relation, the court which is responsable for the city Weitnau. In all other cases we, or the client, are able to press charges before any court responsible due to legal regulations.