General travel conditions, obligatory information and data protection
The contract, concerning travel services offered by Mexxfro GmbH, is subject to the following terms.
§ 1 Subject matter and closing of the travel contract
(1) Mexxfro is the responsible tour operator and conducts tours, particularly with e-bikes.
(2) With the submission of a binding offer by Mexxfro GmbH and after the subsequent binding registration of the customer, the travel contract comes to life. The respective declarations do not require any form in particular.
After contract closure, the customer receives a travel confirmation and the secured payment certificate, in case it is needed.
(3) At your non-binding request through the contact form on our website, we will send you a binding travel offer by e-mail. The offer contains all travel information and represents the entire travel contract, in combination with respective appendices. We are bound to this offer for 14 days. If you wish to accept the offer, you must notify us by e-mail within the respective time frame. If you declare the acceptance of our offer after the set deadline, we will send you a new offer. Changes and corrections can be made at any time before contract conclusion by e-mail, fax or telephone. In case you request any changes, we will send you a new binding offer. You will receive a travel confirmation immediately after contract closure.
(4) Contracts can be set up in German, English, Spanish and Russian.
(5) The text of the contract will be sent by you over e-mail and will be stored by us. Upon request, the text of the contract can be sent to you again.
§ 2 Payment
(1) Payments regarding the price of the trip may only be made after the secured payment certificate has been handed over with respect to § 651 r (3) of the German Civil Code (BGB). Unless agreed differently, a deposit of 20% of the total travel costs is due immediately after the travel confirmation and the secured payment certificate is received. The deposit must be transferred to the business account of Mexxfro GmbH, which is mentioned below. The deposit is credited to the total travel price.
(2) The remaining payment of the travel price is due 30 days before the start of the trip and has to be made without a separate request, unless otherwise agreed on a case-to-case basis. If Mexxfro GmbH has reserved the right to withdraw from the contract due to fact that the required number of participants could not be reached, the remaining travel price will not be due until the day after the withdrawal period is expired.
(3) In the case the application is being filed after the date of maturity, the total travel price, concerning paragraph 2, is payable immediately to the tour operator, after the secured payment certificate is received.
§ 3 Service changes
- Mexxfro reserves the right to declare changes regarding the information of offered services in brochures prior to contract closure, due to factually justified, substantial and unforeseeable reasons.
- If a trip must be cancelled at short notice, due to non-avoidable and exceptional reasons (force majeure, strike, riots, official orders such as natural disasters, etc.), the customer will be notified by Mexxfro as early as possible. In this case, a credit of the travel price for another appointment will be made or the travel price will be paid back.
§ 4 Withdrawal by the customer, cancellation, rebookings, replacement persons
(1) Before the start of the trip, the customer can withdraw from the travel contract at any time through a respective declaration towards Mexxfro. Representative is the time, when the cancellation is received by the tour operator. The customer is advised to declare the cancellation in written form.
(2) In the event of cancellation by the customer, Mexxfro is entitled to compensation under § 651 h 2 S. 2 of the German Civil Code (BGB), taking ordinary saved expenses and the possible reuse of the travel services into account.
(3) Up to 7 days before the start of the journey, it is possible to grant the tour to another person, if the customer is unable to participate in the journey. The respective person will enter into the rights and obligations arising from the travel contract of the original person. The tour operator reserves the right to refuse this person, provided that he does not meet the contractual requirements of the trip. The replacing person entering the contract and the original customer are liable to the tour operator as a total debtor for the travel price and all additional costs incurred as a result of the entry of the replacing person.
§ 5 Insurance
Mexxfro recommends to arrange for a travel cancellation insurance (regarding the time period before the journey), a travel cancellation insurance (regarding the time period during the journey) and a foreign health insurance with coverage protection regarding cost of assistance, including return transport in the event of an accident, illness or death. Offers concerning travel insurance are available through:
§ 6 Reimbursement of unused benefits
If the customer does not use respective travel services as a result of early return or for other compelling reasons, the tour operator will endeavour to reimburse the saved expenses. This obligation is waived if the respective service is irrelevant or a refund is contrary to legal or regulatory requirements.
§ 7 Withdrawal and cancellation by the tour operator
In the following cases, Mexxfro can withdraw from the travel contract before the start of the trip or cancel the travel contract after the start of the trip:
- without maintaining a specific deadline:
If the customer permanently interferes with the execution of the trip, regardless of a warning from the tour operator, or if he behaves in such a breach of contract, that the immediate cancellation of the contract is justified, the local representatives of Mexxfro are authorized to exercise the rights on behalf of Mexxfro. If a cancellation is executed by Mexxfro GmbH, it is still entitled to the travel price; However, Mexxfro GmbH must take the value of the saved expenses, including the amounts credited to him by other service providers into account.
- Up to two weeks before the start of the journey:
If the maximum number of participants is not sufficient, Mexxfro may withdraw from the travel contract if the travel information for the corresponding trip mentions a minimum number of participants.
§ 8 Unavoidable exceptional circumstances, duty to assist
- If the journey is significantly more difficult, endangered or impaired as a result of unavoidable and exceptional circumstances, both Mexxfro and the customer may terminate the travel contract. If the contract is terminated, the tour operator can demand only the agreed travel compensation for the services already provided.
- In the event of arising difficulties for attendees, Mexxfro shall provide immediate and appropriate assistance. Requests can be made through the contact details below. Assistance can consist of providing information regarding health services and authorities on site, consular assistance, providing support in the establishment of telecommunications links or assistance in the search for other means of transport. If the circumstances were brought about by the participant himself, Mexxfro may demand reimbursement of arising expenses.
§ 9 Obligations in the event of deficiencies, statute of limitation
(1) If the trip was not provided in accordance with the contract, the customer must report the deficiency immediately and directly to Mexxfro through the contact details mentioned below or to the local tour guide. Without a respective report, future claims may be excluded.
(2) A cancellation is regularly only permitted in the event of a significant deficiency. It assumes that the customer has set a reasonable period for amendments and that the amendments have not been made within the specified time limit.
(3) After two years, claims regarding the customer from the respective travel contract expire. The statute of limitations begins with the day the trip ends, according to the contract. In case of pending negotiations between the customer and the tour operator, the statute of limitations is inhibited, until the customer or tour operator refuses to continue the negotiations.
§ 10 Customer obligations
(1) As part of the journey, the customer will take part in road traffic. He is obliged to make sure that he only does so if he is able to drive. Before and during the tours, the consumption of alcohol or drugs is to be omitted. In the event of health impairments, the tour guide must be informed. Participation in road traffic is at the customers own peril. The customer is required to behave in such a way, that neither he nor other participants are put at risk.
(2) The requirement for participation is a driving licence class AM.
(3) The total weight allowed on the bikes provided is 130 kg.
§ 11 Liability of the tour operator and limitations of liability
The contractual liability for the tour operator Mexxfro for damages, excluding bodily harm and damages that have not been brought about culpable, are limited to three times the travel price per trip and per customer. This does not apply to direct claims against service providers made on the basis of international conventions and legal regulations. Here, the respective liability limits will have to be taken into account.
§ 12 Data privacy
Responsible for data processing is Mexxfro GmbH, Rudolf-Diesel-Strasse 21, 87700 Memmingen, telephone: + 49 8331/99478-11, E-mail: firstname.lastname@example.org; The purpose of the respective data processing is to handle the scope of your request as well as for the advertising campaigns; You have the following rights against us: Information, correction or deletion, restriction of processing; Objection to processing, data portability and the right to complain to a data protection watchdog about the processing of your personal data by us. For more data protection information, please visit: www.mexxfro.de/datenschutzerklaerung.
§ 14 Applicable law, partial ineffectiveness, jurisdiction
(1) Only German law is applicable to the travel contract.
(2) The invalidity of individual provisions does not lead to the invalidity of the entire travel contract.
(3) Tour operator Mexxfro can be sued at his registered seat. The tour operator may sue the customer at his place of residence.
Managing Director(s): Markus Präsenz, Thilo Frommlet
Tel: +49 (0) 8331 99478-0
Fax: +49 (0) 8331 99478-95
VR Bank Memmingen
IBAN: DE10 7319 0000 0000 1011 50
Tax ID: DE3204 82898