Terms & Conditions

    Please note that the English version of the terms and conditions below is provided for information purposes only.
    Contracts with Kylltal-Reisen GmbH. are subject to the Law of Germany and reference should be made to the German version of the company's terms and conditions (Allgemeine Geschäftsbedingungen).

    1. The contract
    a) By booking your travel you make a binding offer to conclude a contract with the travel operator. Bookings can be made in writing or verbally either in person or by telephone. The booking contract comes into effect when we or your travel agency issue confirmation in writing of your booking and the price of your holiday. In so far as the person making the booking expressly and additionally declares that he assumes responsibility for the contractual obligations of all other persons included in the booking, he is jointly and severally responsible with the other participants named in the booking.
    b) Where the booking confirmation differs from the original booking, the confirmation is a new offer of contract binding on us for a period of 10 days and which the customer can accept by returning the booking to us within that period.

    2. Payment of the holiday price
    a) Once the contract has been concluded , 25% of the holiday price is payable immediately and a risk coverage certificate [Sicherungsschein, as required by §651k of the BGB, the German Civil Code] will be issued. The balance of the payment is to be paid when requested before the departure date and concurrently with the issue of complete travel documentation.
    b) If the contract is concluded within two weeks of the departure date the customer must pay the full price of the holiday immediately and the complete travel documentation and risk coverage certificate [Sicherungsschein, see 2 a) above] will be issued.
    c) There is no requirement to issue a risk coverage certificate if the travel arrangements are for a period of less than 24 hours, do not include overnight accommodation and the total cost does not exceed € 75,-.

    3. Our services to you
    The services we are contracted to supply to you are detailed in the binding description of service provision in the brochure, in the travel documentation and other offers, as well as the details given in the booking confirmation. We reserve the right to amend details contained in the brochure, and the customer will be informed of any such amendments before a booking is made.

    4. Price changes
    a) For a period of up to four months after the conclusion of the contract, we reserve the right to increase the price of the holiday by 5% of the total price where, after the conclusion of the contract, costs in respect of transportation or specific airport or harbour charges increase, or currency exchange rates affecting the holiday costs fluctuate.
    b) A price increase can only be made in the period between conclusion of the contract and the 21st day prior to the agreed departure date. The operator must inform the customer without delay of any permitted price increases to a significant service provision as soon as he becomes aware of the reasons for such increases.
    c) Where price increases of more than 5% of the total holiday price are made after the contract has been concluded, the customer is entitled to withdraw from the contract, or to demand, without extra charge, a holiday of equivalent value, where the operator can provide such a holiday from the range he offers.
    d) The customer must exercise these rights without delay after receipt of notification from the tour operator.

    Our invoices are due three days before departure tax to pay.

    5. Changes to holiday arrangements
    a) Changes and amendments to individual travel services that are part of the content of the contract which become necessary after the contract has been concluded and are made in good faith by the operator are only permitted in so far as these do not constitute major changes which affect the overall specifications of the holiday as originally booked.
    b) As soon as the operator becomes aware of the reasons for any permitted changes to the provision of a significant service, he must inform the customer without delay of any such change.
    c) Where a major change is made to a significant service provision the customer is entitled to withdraw from the contract or to demand a holiday of at least equivalent value and without extra charge to the customer, where the operator can supply such a holiday from the range he offers. The customer must exercise these rights without delay after receipt of notification from the tour operator. In the case of substitute transportation we undertake to pay the costs of any such transportation, as appropriate to the transport originally booked. Due to security requirements, weather conditions or for technical reasons related to transport, changes to departure times may be necessary. The customer will be notified without delay when the operator becomes aware of such changes. Claims arising out of warranty provisions remain unaffected in so far as changes to services are due to defects.

    6. Cancellation by the customer
    The customer can cancel the booking at any time before departure. It is recommended that cancellations are made in writing, as they will become effective only after receipt by the operator of written notification. The following fixed scale of cancellation fees (given as a percentage of the holiday price) shall apply: cancellation no later than 4 weeks prior to departure date - 10%; from 29th to 23rd day prior to day of departure -- 20%; from 22nd to 15th day prior to day of departure - 30%; from 14th to 7th day prior to day of departure - 40%; 6 days or fewer prior to day of departure - 50% and non-appearance ('no show') for travel on day of departure - 90%. We reserve the right to provide evidence of and recover from the customer any additional loss that we may have incurred as a result of his actions. Cancellation fees must also be paid where a participant does not arrive punctually at the appropriate departure point as notified in the travel documents. Cancellation fees are payable in full to the operator, regardless of any travel insurances taken out.

    7. Changes requested by the customer
    Where the customer requests changes or re-booking after conclusion of the contract and not less than 30 days prior to the date of departure, the operator is entitled to charge an administration fee of €20,-. Booking changes requested after this period and where such changes are possible, can only be made if the customer terminates the contract, subject to the applicable cancellation conditions, and concurrently makes a new booking.

    8. Transfer of booking to a third party
    a) The customer can transfer his booking to a third party up to the day of departure, in so far as the third party fulfils all the necessary travel requirements and his participation is not contrary to legal restrictions or official regulations.
    b) The customer and the third party are jointly and severally responsible for payment to the operator of the holiday price.
    c) The customer and the third party are jointly and severally liable to pay the operator an administrative fee at a regularly fixed rate without further proof of €20,- in respect of the additional costs of the transfer of the booking to the third party.

    9. Curtailment
    If the holiday is curtailed for reasons connected to the customer (e.g. illness), the operator is obliged to recover any costs saved from service providers. This does not apply to services of negligible value or where recovery is contrary to legal restrictions or official regulations.

    10. Disruptive behaviour by the customer
    The operator is entitled to terminate the contract without notice if the customer, despite having been cautioned, continues to behave in a disruptive manner, such that continuing participation is no longer acceptable to the operator and/or other holiday participants. This shall also apply if the customer does not comply with objectively justifiable advice. In these circumstances the operator retains the right to the price of the holiday, in so far as cost savings and benefits do not result from other utilisation of any service(s). The right to claim compensation remains unaffected.

    11. Minimum number of participants
    a) Where the brochure description expressly indicates a minimum number of participants required, the operator has the right to declare that the required minimum number has not been reached and the holiday will not be operated.
    b) The operator must notify the customer without delay of the circumstances described in 11a) as soon as it is known that the minimum number of bookings has not been reached, and no later than two weeks before the due departure date.
    c) The customer has the right to demand a holiday of at least equivalent value and at no extra cost, where the operator can supply such a holiday from the range he offers.
    d) The customer must inform the operator of his intention to exercise the rights detailed in 11c) above without delay after receipt of notification from the operator.
    e) Where the customer does not exercise the rights detailed in 11c) above, all monies paid shall be returned to the customer without delay.

    12. Cancellation as a result of force majeure
    a) Obstructions, risk or restrictions of a significant nature due to unforeseeable circumstances such as war, civil unrest, epidemics, government action (revocation of legislation, border closures), natural catastrophes, major accidents involving means of transport, destruction of accommodation or events of similar significance entitle both parties to cancel.
    b) In cases of cancellation the operator reserves the right to claim compensation in accordance with the provisions of §471 of the German Civil Code (BGB) for services already provided or still to be provided.
    c) In cases of cancellation the operator is obliged to provide return travel, where return travel is included in the contract. In any case the operator is obliged to take all measures necessary to bring the contract to an end.
    d) Additional costs of return transportation, where this is included in the contract, shall be apportioned equally between the parties to the contract. Any other additional costs shall be borne by the customer.

    13. Warranty and complaints
    a) Where the services provided do not conform to the description in the contract, the customer has the right to claim rectification, in so far as this does not require disproportionate expenditure. Rectification consists in correction of defects or provision of a replacement service of equal value.
    b) The customer can claim a reduction in the holiday price if he notifies the tour director or, where a tour director is not present, notifies the operator directly of any defect, except in cases where significant difficulties make it unreasonable to notify the travel operator directly. Where the customer is at fault in failing to report any defect, he forfeits the right to claim reduction of the holiday price.
    c)Where the holiday is defective and the operator does not rectify the defect within an appropriate time limit stipulated by the customer, the customer has the right to rectify the defect himself and claim reimbursement of any expenditure necessary. There is no requirement for a time limit if the operator refuses to rectify the defect or where the specific interests of the customer justify immediate action.
    d) Where the holiday is significantly affected by the defect the customer has the right to stipulate an appropriate time limit for rectification. Where rectification does not take place within the time limit, the customer has the right to terminate the contract. The time limit is not required where rectification is not possible, or has been refused, or where the specific interests of the customer justify immediate termination. This applies accordingly where, for specific significant reasons of which the operator is aware, it is unreasonable for the customer to accept the defective holiday.
    e) Where termination is justified, the operator reserves the right to compensation for services already provided or to be provided in the course of concluding the holiday. Calculations shall be based on the value of the services provided, as well as the total price of the holiday and the value of the services agreed in the contract. This does not apply where services provided or to be provided are of no interest to the customer. The operator shall take all measures necessary as a result of the termination of the contract. Where return transport is included in the contract, the operator must provide this and pay any additional costs.
    f)Regardless of reduction or termination, the customer retains the right to claim compensation for non-fulfilment, unless the defect is due to circumstances where the operator cannot be held responsible.

    g)If bicycles or instruments on the bus or trailer is attached is basically assume no liability for any damage caused. The transport of goods is at the customer's own risk.

    14. Obligation of the customer to cooperate
    The customer is obliged to take all reasonable steps to minimise any loss or injury. Please note conditions in clauses 10 and 13 above.

    15. Limitation of liability
    a) The liability of the operator for loss or injury which is not physical injury is limited to three times the value of the holiday price,
    aa) in so far as any loss or injury to the customer is not intentional or due to gross negligence, or
    bb) if the operator is liable for injury or loss incurred by the customer due solely to the fault of another service provider.
    b) Where international Conventions, or legislation based on such Conventions, apply to services supplied by a service provider and regulate the specific circumstances and limitations under which claims for compensation can be made, the operator has the right to refer the customer to these Conventions and any legal requirements based thereon.
    c) The operator accepts no liability for disruption or defects in so far as these affect services which are expressly described in the brochure description as being provided by an external service provider. This applies particularly to programmes of extra optional services offered during the holiday. Our obligations as agent remain unaffected.
    d) In all compensation claims made by the customer against the operator on grounds of tort and which are not based on intent or gross negligence the liability of the operator for personal injury is limited to € 75.000,- per customer per holiday. Liability for material damage is limited to € 4.000,- per customer per holiday. Where the total cost of the holiday exceeds € 1.340,- liability is limited to a maximum of three times the price of the holiday. It is strongly recommended that in his own interests the customer takes out travel insurance to cover accidents and loss or damage of baggage.

    16. Exclusion of claims and time limitation
    a) Claims relating to defective service provision, post-contractual impossibility and breach of supplementary obligations must be submitted to the operator within a time limit of one month after completion of travel as described in the contract. After this period has elapsed, claims can only be asserted if the customer through no fault of his own was unable to adhere to the specified time limit.
    b) Claims by the customer in respect of defective service provision, post-contractual impossibility and breach of supplementary obligations become time-barred six months after completion of travel as described in the contract.
    c) Where the customer submits a claim within one month after completion of travel as described in the contract, the period of limitation is suspended until such time as the operator refutes the claim in writing.

    17. Passport and visa requirements and health regulations
    a) The operator issues information about passport and visa requirements and health regulations in the brochure he publishes and makes available to the customer, or by means of information given at the time of booking, including any changes made from time to time, particularly before conclusion of the contract and before the departure date. The information given for each country refers specifically to the requirements and regulations which apply to German Citizens who are not affected by any special circumstances such as dual nationality etc.
    b) Where the operator has correctly fulfilled the obligation to provide the appropriate information, the customer must ensure that the requirements are fulfilled, unless the operator has expressly undertaken to obtain visas, certificates etc.
    c) Where difficulties arise for example due to the non-fulfilment of personal requirements for the holiday and which are due to the actions of the customer (e.g. failure to acquire the necessary visa), the customer can not withdraw from the contract free of charge, or take advantage without consequence of individual service provisions. The conditions in clause 6 (cancellation) and clause 9 (curtailment for reasons connected to the customer) above apply as appropriate.

    18. Jurisdiction
    a) The customer has the right to raise legal action against the operator within the jurisdiction of the domicile of the operator.
    b) For legal actions raised by the operator against the customer, the domicile of the customer decides the jurisdiction, except where an action is raised against officially registered merchants [Vollkaufleute as defined in the German Commercial Code (Handelsgesetzbuch)] or persons who, after conclusion of the contract, have transferred their domicile or usual place of residence outside Germany, or whose whereabouts are not known. In such cases the domicile of the operator decides the jurisdiction.

    19. Transportation
    Travel will be operated using modern coaches which are insured for third party liability in accordance with the legal requirements. The operator reserves the right where necessary to sub-contract transportation to other coach operators and to make changes to the planned route and timetable. Where in the interests of the customers the holiday is operated with fewer than 25 persons, we have the right to use a smaller coach, possibly with fewer amenities. This will not result in any price reduction.

    20. Ineffectiveness of individual conditions
    The invalidity of any individual condition does not affect the validity of the remainder of the contract as a whole.

    21. General information
    In countries outside Germany, national cuisine will usually be served. In some southern countries there may be occasions when rationing or cuts in the supply of water and power occur. We wish to inform you that in some places saline water may be used. Technical installations in other countries do not always conform to German standards. As a rule room allocation will commence at 13.00 on the day of arrival. We accept no liability for typographical errors.