General terms and conditions
1. General information
LUP-Karpaten-Offroad organizes and conducts Offroad & Adventure Tours in Romania (Carpathia)
2. Conclusion of the travel contract
Upon conclusion of the travel contract by the participant, the travel contract becomes effective, taking into account the services formulated in the travel description. Registration is made via the online contact form and will be confirmed in writing by signature. The contract is concluded in the form of a written travel confirmation and is thus binding for both parties.
By signing, the participant accepts the tour operator’s General Terms and Conditions of Business and Travel. The travel conditions are supplemented by a condition of participation, which the participant and the tour operator agree upon and confirm with their signature before the tour begins.
We recommend that you take out travel cancellation fees/travel health insurance. Further information and the registration form can be found at www.travelsafe.de under “Travel insurance for private customers”.
The scope of the contractual services corresponds to the travel description and the price information under Lupoffroad. de, as well as the information referring to it in the travel confirmation or in the participant documents.
4. Price and service changes
Changes or deviations of individual travel services from the agreed content of the travel contract, which became necessary after conclusion of the contract and were not caused by the tour operator contrary to the principle of good faith, are only permitted if the changes or deviations are not significant and do not affect the overall concept of the booked trip. Any warranty claims shall remain unaffected if the modified service is defective. The tour operator is obliged to inform the participant immediately of any changes in services or deviations. If necessary, the tour operator will offer the participant a free withdrawal and refund any payments made on account or total invoices. Price changes are only valid if they have been confirmed in writing by both parties.
5. Terms of payment
After conclusion of the travel contract, 20% of the tour price is to be paid. The deposit will be deducted from the total price of the trip.
The rest of the price is due 60 days before departure. For registrations with less than 60 days prior to the start of the trip, the total amount as stated on the travel confirmation or in the participant documents is due immediately. If an invoice is not paid in full and/or on time, the tour operator is entitled to dissolve the travel contract. The tour operator will refund any payments made on account.
6. Withdrawal of the customer
The participant may withdraw from the contract at any time by a written declaration. Decisive for the time of withdrawal is the receipt of the written declaration by the tour operator.
If the participant withdraws from the contract or does not start the trip, the tour operator can demand compensation for the travel arrangements made and for his expenses.
In the event of cancellation until 30 days prior to the start of the tour, the tour operator reserves the right to withhold the deposit of 20%. In case of cancellation from the 29th day prior to the start of the trip, the full travel price will be charged. A refund of the tour price is excluded if participation in the event is not accepted without cancellation.
Cancellation insurance is not included in the price of the trip, unless this is expressly stated in the service description or in the participant’s documents. If the customer is in possession of a travel cancellation insurance, the refund of paid invoices will be made minus 20% expense allowance. Refunds for planned day trips, off-road courses or other trips of up to 3 days (domestic) are excluded.
7. Waiver of benefits by the customer
If the participant renounces individual travel services, leaves the group, leaves early, leaves early, does not appear or is late, the participant loses the right to a refund of paid amounts.
8. Withdrawal and cancellation by the tour operator
In the following cases, the tour operator is entitled to withdraw from the travel contract and/or cancel or cancel the travel contract before or after commencement of the tour:
8.1. without notice, if the participant interferes with the performance of the tour without observing a warning from the tour operator or behaves in such a way that the immediate cancellation of the contract is justified. If the tour operator terminates the contract, he retains the right to claim the tour price. The tour operator shall not be entitled to claim compensation for damages due to cancellation by the tour operator.
8.2. in case of irreparable damage to the tour guide’s vehicle, provided that no replacement vehicle can be made available promptly in the country of travel within the economic sacrifice limit.
8.3. in the event of a serious illness of the participant or of another participant or the tour guide, which prevents further participation in the tour or makes it impossible to continue the trip.
9. Cancellation of the contract due to exceptional circumstances (force majeure)
If the planned course of the trip is considerably disrupted, complicated, endangered or otherwise impaired due to unforeseeable force majeure, both the tour operator and the participant can cancel the trip or cancel the contract.
In the event of termination or cancellation of the contract, the tour operator shall be entitled to any costs and expenses incurred so far which are necessary to terminate the tour, insofar as the costs are not covered by the travel services.
However, the tour operator may claim compensation for travel services already rendered and yet to be rendered.
The tour operator is obliged to return the participants. Additional costs for return transport are to be borne by the tour operator and participants. The participant must bear any costs that may arise.
10. Risk disclosure
The off-road trips carried out by the tour operator are adventure trips and events with an adventurous character. Travels and events pose special risks for the participants, their vehicles and equipment. Travels are characterised by journeys that take place on and off-road, also outside the countries of origin of the participants and outside EU regulations. Crossings of all types of terrain obstacles, with the participants’ own vehicles and journeys on paths that are seldom used and that are not or only very rarely repaired, routes without winter road clearance, cross-country journeys off the beaten track, traverses of narrow paths without edge protection and journeys on routes with poorly judged ground conditions are fixed components of the journeys.
There is a danger of avalanches, rockfall and landslides, tree felling, danger from bad weather and danger from animals. In addition, there is a danger of getting stuck vehicles rescued, removing obstacles on the route such as fallen trees, stones and snow debris. Crossings of areas without a connection for mobile phones, crossings of areas without immediate assistance by rescue services take place. Camp activities with overnight stays in the open air, driving on steep slopes and crossing rivers with vehicles are further dangers that cannot be foreseen as off-road adventure trips due to the nature of the journeys.
11. Liability by the tour operator
The tour operator is liable within the scope of his duty of care for a conscientious and complete travel preparation, the careful selection of external service providers and the correctness of the service description. No liability for damaged, soiled or lost vehicles, clothing, equipment, etc. will be accepted. Taken over.
The tour operator is not liable for services not provided or only partially provided, changed processes or disturbances with externally booked services.
The tour operator assumes no liability whatsoever for accidents or injuries caused by itself (negligently or intentionally) beyond the limits of the existing tour operator’s liability.
12 Limitation of liability
The organizer is liable within the scope of the legal regulations. The liability for damages which are not bodily injury is limited to the triple travel price in accordance with § 651 BGB, section h, as far as a damage of the participant is not caused intentionally or grossly negligently or as far as the tour operator is responsible for a damage caused to the traveler solely on the basis of a fault of the service provider.
If international agreements or statutory provisions based on which a claim for compensation for damages arises or can be asserted only under certain conditions or restrictions or is excluded under certain circumstances apply to a travel service to be provided by a service provider, the tour operator may also invoke these to the participant.
13. Waiver of liability by the participants
The participants (drivers, co-drivers, car owners and car owners) participate at their own risk in the trips and events of the tour operator. You are solely responsible under civil and criminal law for all acts caused by you and by you or the vehicle you are using and for any damage that may be caused by them.
14. Travel services and defects
If a travel service is not provided in accordance with the contract, the participant has the right to demand remedy within a reasonable period of time. The remedy consists in the removal of the defect or in the provision of an equivalent or higher value replacement service. The tour operator may refuse to remedy the situation if the remedy requires a disproportionately high effort. The participant must notify the tour operator immediately of the defect. If the participant culpably omits or waives the notification of a defect, claims for reduction or damages against the tour operator are excluded. Due to the nature of the trip (see section 10), the tour operator is entitled to not remedy minor defects. This applies in particular if a remedy results in dangers for other participants or endangers the course of the trip. It is not necessary to set a deadline if the remedy is impossible, refused by the tour operator or if the immediate cancellation is justified by a special, recognisable interest of the participant. Claims due to non-contractual performance of the tour must be asserted by the participant against the tour operator within one month after the scheduled end of the tour. Evidence of defects must be documented by the participant. Claims due to defects can be asserted by legal regulations according to the German Civil Code (BGB).
15. Obligations of the passengers
The participant is obliged to take out sufficient motor vehicle liability insurance, travel health and accident insurance, which also covers the return transport in case of illness or emergency, and to carry a valid driving licence or an international driving licence with him/her if necessary. The organizer accepts no liability for this. The participant is responsible for compliance with passport, visa, customs, currency, vaccination, transport, health and other regulations of the countries of travel. All disadvantages resulting from non-compliance with these regulations are at his expense. The tour operator must be informed immediately of any health impairments. Insurance cover for persons and damage to property is obligatory for all participating vehicles. In order to avoid damage, all participants are obliged to wear a seat belt during the tours and are not allowed to drink alcohol during the drivers’ driving times. The participants waive any liability on the part of the organizer for all accidents or damages arising in connection with the event, as far as the damage or accident is not due to intent or gross negligence on the part of the organizer.