General Terms and Conditions (GTC)

1. Scope

These General Terms and Conditions (GTC) apply to all contracts between movex Deutschland GmbH (hereinafter referred to as the “Organizer”) and the customer (hereinafter referred to as the “Traveler”) concerning the organization and execution of package tours and events.

2. Conclusion of contract

2.1. By registering for a trip, the traveler makes a binding offer to the organizer to conclude a travel contract or event contract.

2.2. The contract is concluded upon acceptance by the organizer, which is confirmed by a written booking confirmation.

2.3. If the content of the tour operator’s declaration of acceptance differs from the content of the booking, this constitutes a new offer from the tour operator. The contract is concluded on the basis of this new offer if the customer declares their acceptance to the tour operator by means of an express declaration or down payment.

3. Payment

3.1. A deposit of 20% of the travel price is due upon receipt of the booking confirmation.

3.2. The remaining amount must be paid no later than 30 days before the start of the trip.

3.3. For last-minute bookings made within 30 days of departure, the entire travel price is due immediately.

3.4. Without full payment of the travel price due, there is no entitlement to the provision of travel services by the organizer.

3.5. If the deadline passes without payment, the organizer will set the traveler a grace period for payment. If the traveler allows the grace period to pass without paying the travel price in full, the organizer may withdraw from the contract. The organizer will then be released from its obligation to perform and may demand the corresponding cancellation costs from the traveler.

4. Services

4.1. The scope of the contractual services is specified in the travel description and the information provided in the booking confirmation.

4.2. Changes or deviations of individual travel services from the agreed content of the travel contract that become necessary after conclusion of the contract are permitted, provided they are not significant and do not affect the overall nature of the booked trip.

4.3. The organizer strongly recommends that travelers check that they have adequate insurance cover and take out a policy if necessary. On request, the organizer will take out such a policy for the customer for a fee.

5. Cancellation by the traveler

5.1. The traveler may withdraw from the contract at any time prior to commencement of the trip. Withdrawal must be declared in writing.

5.2. If the traveler withdraws from the contract or does not commence the trip, the organizer may demand reasonable compensation for the travel arrangements made and its expenses. The amount is based on the travel price minus the value of the expenses saved by the organizer and minus what the organizer earns by using the travel services elsewhere.

5.3. The flat-rate cancellation fees are as follows:

• Up to 121 days before departure: 20% of the tour price
• 120 to 61 days before departure: 50% of the tour price
• 60 to 31 days before departure: 70% of the tour price
• From 30 days before departure: 90% of the travel price

5.4. The traveler has the option at any time to prove to the organizer that no damage or significantly less damage than the flat rate charged by the organizer has been incurred.

5.5. The traveler’s right to provide a replacement participant in accordance with § 651 e BGB (German Civil Code) remains unaffected by the above conditions. However, the traveler is not entitled to changes to the travel date, destination, place of departure, accommodation, or mode of transport (rebooking) after conclusion of the contract. Rebooking requests, if possible at all, can only be carried out after withdrawal from the travel contract in accordance with Section 3.1 and simultaneous re-registration under the corresponding conditions.

5.6. If the traveler does not make use of individual travel services that have been duly offered for reasons of their own (e.g., early return or other compelling reasons), there is no entitlement to a pro rata refund of the travel price. The organizer will endeavor to recover the saved expenses from the service providers. This obligation does not apply if the services are insignificant or if legal or official regulations prevent a refund.
The organizer reserves the right to charge a fee for the cancellation of the trip.

6. Withdrawal and termination by the organizer

6.1. The organizer may terminate the travel contract without notice if the traveler persistently disrupts the trip despite a warning from the organizer or behaves in such a manner that is contrary to the contract that immediate termination of the contract is justified.

6.2. The organizer may withdraw from the contract if the minimum number of participants is not reached. In this case, the traveler will be informed immediately and will receive a refund of the travel price paid.

6.3. If unforeseeable events of force majeure significantly impede, endanger, or impair the trip, both the traveler and the tour operator may terminate the travel contract. In such a case, the mutual rights and obligations shall be governed by the statutory provisions.

7. Liability

7.1. The organizer is liable within the scope of the duty of care of a prudent businessman for the conscientious preparation of the trip, the careful selection and monitoring of service providers, and the accuracy of the service descriptions.

7.2. The organizer’s liability for damages that are not physical injuries is limited to three times the travel price, provided that the damage to the traveler was not caused intentionally or through gross negligence, or that the organizer is solely responsible for damage incurred by the traveler due to the fault of a service provider.

7.3. Any claims that may go beyond this, for example under the Montreal Convention, remain unaffected by this limitation.

8. Warranty

8.1. Remedy: If the trip is not provided in accordance with the contract, the traveler may demand a remedy. The organizer may refuse to provide a remedy if it requires disproportionate effort.

8.2. Reduction of the travel price: For the duration of a non-contractual provision of the trip, the traveler may demand a corresponding reduction in the travel price (reduction).

8.3. Termination of the contract: If a trip is significantly impaired as a result of a defect and the organizer does not remedy the situation within a reasonable period of time, the traveler may terminate the travel contract in accordance with the statutory provisions.

8.4. Contractual claims due to travel services not being provided in accordance with the contract pursuant to Sections 651c to f of the German Civil Code (BGB) must be asserted by the traveler with the tour operator no later than one month after the contractually agreed end of the trip. If the deadline is missed through no fault of the traveler, claims may also be asserted after the deadline has expired.

8.5. The customer’s claims referred to in section 7.1 shall become time-barred after one year, unless they relate to physical injury or are based on intent or gross negligence. These claims shall become time-barred after two years. The limitation period shall commence on the day on which the trip was contractually scheduled to end.

9. Traveler’s obligation to cooperate

9.1. In the event of service disruptions, the traveler is obligated to do everything reasonable to help remedy the disruption and minimize any damage that may arise.

9.2. The traveler is particularly obliged to immediately notify the local tour guide or the tour operator of any complaints.

9.3. If the trip is not provided in accordance with the contract, the traveler has the right to demand redress. The traveler is obliged to inform the organizer immediately of any travel deficiencies that arise. If he fails to do so culpably, his claim to a reduction in the travel price shall lapse. This shall not apply if the notification is recognizably futile or unreasonable for other reasons. The traveler must immediately report any deficiencies to the organizer, who is responsible for providing redress, if possible. However, the organizer is not authorized to recognize claims.

9.4. If the traveler wishes to terminate the travel contract due to a travel defect in accordance with § 651l BGB (German Civil Code) or for an important reason recognizable to the organizer, he must first set the organizer a reasonable deadline for remedial action. This is only not necessary if the remedy is impossible or is refused by the organizer, or if the immediate termination of the contract is justified due to a special interest of the traveler that is recognizable to the organizer.

10.Verantwortlichkeit des Reisenden für Vorlage des Führerscheins und Einverständnis zur Selbstgefährdung durch Nutzung von Kfz sowie Hinweis auf allgemeine Haftung für Kfz

10.1. Presentation of driver’s license

Travelers who wish to drive a vehicle provided by the tour operator must be at least 25 years old on the day of departure and have held a Class B driver’s license for at least five years. All EU driver’s licenses and equivalent driving permits are accepted. Travelers are required to present their driver’s license.

10.2. Consent to self-endangerment

The traveler undertakes the trip at their own risk. The liability of a traveler who drives a vehicle provided by the organizer corresponds to the liability they would bear as the driver of their own vehicle or a vehicle they are authorized to use on public roads. The traveler will be instructed in the handling of the vehicles and is responsible for complying with traffic regulations and all legal requirements. In the event of accidents caused by the traveler and other damage to vehicles belonging to the organizer, the traveler is liable up to an excess of 2000 euros per claim. This applies regardless of any private liability towards third parties.

10.3. Liability for intent or gross negligence

The tour participant shall be fully liable if he/she caused the damage through intent or gross negligence, or if the damage was caused by alcohol- or drug-related driving incapacity, hit-and-run accidents, or demonstrably improper handling of the organizer’s vehicles.

10.4. Obligation to provide instruction

Attendance at the vehicle briefing is mandatory for those travelers who wish to drive one of the organizer’s vehicles. By participating in the trip, travelers agree to follow the instructions of the tour guide, especially in the event of a breakdown or accident.

10.5. Processing of fines

For processing fines that can be attributed to travelers as drivers, the organizer charges a flat processing fee of 50 euros per case, regardless of the amount of the fine.

11. Passport, visa, and health requirements

11.1. The organizer shall inform the traveler about general passport and visa requirements as well as health formalities in the destination country.

11.2. The traveler is responsible for complying with all regulations that are important for the execution of the trip.

12. Data protection

12.1. The organizer collects, processes, and uses the traveler’s personal data exclusively within the framework of the statutory provisions.

12.2. Further information on data protection can be found in the organizer’s privacy policy.

13. Tour operators

movex Deutschland GmbH, AG Ulm
Location: Wilhelmstraße 25, 89073 Ulm
Managing director: Thomas Saliger, Marcel Tannert

14. Final provisions

14.1. The law of the country in which the organizer is based shall apply.

14.2. Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.

14.3. The place of jurisdiction for all disputes arising from the travel contract is the registered office of the organizer, provided that the traveler is a merchant, a legal entity under public or private law, or a person who does not have a general place of jurisdiction in the United States.