GTC
General Terms and Conditions of Travel and Business of EXIT TURN Gerold Betzler
As at 28.12.2024
Dear traveler,
The following Terms and Conditions of Travel apply to package travel offers (entirety of travel services pursuant to Section 651a (1) BGB). Insofar as they have been effectively agreed in accordance with the statutory provisions, they shall become part of the contract between you (hereinafter referred to as “TRAVEL PARTICIPANT” or “GUEST”) and us (hereinafter referred to as “EXIT TURN” or “TRAVEL ORGANIZER”).
Please read these provisions and the final disclaimer carefully.
Conclusion of the travel contract / obligation for fellow travelers
With the booking declaration or registration, which can be made in writing, verbally, by telephone, by e-mail or via the Internet / homepage, the guest makes a binding offer to the tour operator to conclude a travel contract on the basis of the travel advertisement.
The contract is concluded exclusively upon receipt of the written booking confirmation (in the case of bookings by email or internet in text form) on a durable medium. This does not apply to bookings if the guest’s booking declaration is submitted less than 7 working days before the start of the trip. In these cases, the telephone or verbal booking confirmation can also lead to the binding conclusion of the contract.
The travel participant making the booking is liable for all guests registered by him/her under the travel contract for the fulfillment of typical contractual obligations in accordance with §651a-m BGB.
If the content of the travel confirmation differs from the content of the registration, this constitutes a new offer from the tour operator to which the tour operator is bound for a period of 10 days. The contract is concluded on the basis of this new offer if the guest accepts this amended offer within the 10-day period by declaration or down payment.
It is expressly pointed out that, in accordance with the statutory provisions (Sections 312 (7), 312g (2) sentence 1 no. 9 BGB), there is no right of withdrawal for package travel contracts in accordance with Sections 651a and 651c BGB that were concluded via distance selling (letters, catalogs, telephone calls, telecopies, e-mails, short messages sent via mobile communications (SMS) as well as broadcasting, telemedia and online services), but only the statutory rights of withdrawal and termination, in particular the right of withdrawal in accordance with Section 651h BGB.
Payment
The tour operator may only demand or accept payment of the tour price prior to the end of the tour in exchange for the travel insurance certificate as defined in § 651r BGB. For bookings made less than 30 days before the start of the tour, the entire tour price is due for payment after the booking confirmation and the travel insurance certificate have been sent. The travel documents and the travel insurance certificate will be sent after receipt of payment.
A travel insurance certificate in accordance with Section 651r BGB does not have to be issued if the trip does not last longer than 24 hours, does not include an overnight stay and the travel price does not exceed EUR 75, if the travel services do not include transportation to and from the travel destination and, according to the payment agreements made with the guest, the entire travel price is only due for payment at the end of the trip.
Upon conclusion of the contract, a deposit of 25%, at least €50, must be paid, which will be offset against the tour price. The remaining payment is due no later than 30 days before the start of the trip if it is certain that the trip will take place and cannot be canceled for the reasons stated below.
If payment of the deposit or the full tour price is not received on time or in full before the start of the tour, this entitles the tour operator to terminate the travel contract and to claim the corresponding cancellation costs (see below). If advance payments have been agreed before the start of the tour, the security certificate has been handed over and EXIT TURN is willing and able to provide the contractual services, there is no entitlement to use the contractual services without full payment of the tour price.
All payments are to be made by bank transfer to the company account specified in the invoice.
Discount campaigns cannot be combined with each other.
Services and changes to services
The tour operator’s obligation to perform arises exclusively from the content of the booking confirmation and the tour operator’s travel advertisement referred to (tour operator’s website, brochure, catalog, advertising material, etc.).
Excluded are all services that are not expressly mentioned in the travel advertisement.
Service providers and vicarious agents of the tour operator (tour guides, tour guides, drivers, trainers, accommodation and catering providers, sports providers, transport companies for ships, buses and driving companies, etc.) are not authorized by EXIT TUIRN to give assurances or make agreements that go beyond or contradict the tour operator’s travel description, offer or booking confirmation or that change the content of the travel contract. Local, hotel or house brochures that are not published by the tour operator are not binding for the tour operator unless they are made the subject of the tour operator’s contractual services by express agreement with the guest on a durable medium.
Changes or deviations from parts of the travel service that become necessary after conclusion of the contract and were not deliberately brought about by EXIT TURN in bad faith are only permitted if the changes are not significant and do not affect the overall nature of the booked trip. EXIT TURN reserves the right to adjust or change the itinerary according to the requirements of the circumstances (e.g. driving skills of the participants, weather, road and traffic conditions, force majeure, etc.). EXIT TURN reserves the right to adapt or change the route according to the circumstances (e.g. driving ability of the participants, weather, road and traffic conditions, force majeure, etc.) and to replace planned hotels, inns, restaurants, rest stops, cafés and sights with equivalent ones.
Significant changes to an essential feature of a travel service or the deviation from the customer’s special requirements, which have become part of the package travel contract, entitle the guest to accept the changes within 10 days or to withdraw from the package travel contract free of charge.
EXIT TURN is entitled to increase the purchase price if the price components listed below, which are not exhaustive, increase or newly arise unforeseeably for EXIT TURN after conclusion of the contract due to circumstances for which EXIT TURN is not responsible: Foreign exchange rates, exchange rates for the trip in question, transportation tariffs and prices, official fees, taxes or other official charges including airport and security fees. The price increase is only permissible if there is a period of more than 4 months between the conclusion of the contract and the start of the trip. Should this be the case, the guest will be informed immediately, but no later than 3 weeks before the start of the trip. Price increases thereafter are not permitted. In the event of a price increase of more than 5% of the tour price, the guest is entitled to cancel the tour free of charge within 10 days.
Instead of withdrawing free of charge, the travel participant is free to request participation in a trip of equal value if EXIT TURN is able to offer such a trip from the existing offer at no extra cost. The travel participant must assert this right immediately after the declaration of the price increase or change of an essential characteristic of the trip on a durable medium.
If the travel participant does not reject the price increase or the amendment of essential components of the package travel contract within the 10-day period, the amendments shall be deemed to have been accepted.
Any warranty claims remain unaffected if the modified services are defective. If the tour operator had lower costs for the execution of the modified tour or replacement tour with equivalent quality, the customer shall be reimbursed the difference in accordance with § 651m para. 2 BGB.
Withdrawal by the guest, no-show
The guest may cancel the trip informally at any time before the start of the trip. The date of receipt of the declaration of withdrawal by the tour operator is decisive. However, the guest is advised to declare the withdrawal in writing on a durable medium.
If the Guest withdraws from the travel contract or does not commence the trip, EXIT TURN may demand compensation for the travel arrangements and expenses incurred. When calculating the compensation, usually saved expenses and usually possible other uses of the travel services shall be taken into account.
EXIT TURN is entitled to charge a lump-sum compensation claim (cancellation fee) in accordance with the following list based on the proximity of the time of withdrawal to the contractually agreed start of the trip as a percentage of the travel price.
Cancellation fee for trips without flight or motorcycle transportation:
up to 61 days before the start of the trip 15% of the trip price, at least €50.00
60 to 45 days before the start of the trip 25% of the trip price
44 to 31 days before the start of the trip 50% of the trip price
30 to 14 days before the start of the trip 70% of the trip price
14 to 7 days before the start of the trip 90% of the trip price
from 6 days before the start of the trip 100% of the trip price
on the day of the start of the trip or in the event of non-appearance at the event 100% of the trip price
Cancellation fee for trips including flights, sea ferries and / or motorcycle transportation:
up to 81 days before the start of the trip 25% of the trip price at least €50.00
Cancellation 80th to 61st day before the start of the trip 50% of the trip price
Cancellation 60th to 31st day before the start of the trip 70% of the trip price Cancellation 30th to 7th day before the start of the trip 90% of the trip price 70% of the tour price
Cancellation 30th day to 7th day before the start of the tour 90% of the tour price
Cancellation from the 6th day before the start of the tour 100% of the tour price
on the day of the start of the tour or in the event of non-appearance at the event 100% of the tour price
The guest reserves the right to prove to EXIT TURN that no costs or significantly lower costs than the flat rate claimed were incurred. In this case, the guest is obliged to pay the lower costs.
Instead of lump-sum compensation, the tour operator may claim the specific costs incurred as damages in accordance with the statutory provisions. In this case, the tour operator is obliged to provide the guest with detailed figures and evidence of the expenses incurred.
Rebooking, change by the travel participant
The travel participant has no right to make changes to the travel date, the travel destination, the place of departure, the accommodation or the mode of transportation after conclusion of the contract.
If a rebooking is made at the customer’s request, the tour operator may charge a rebooking fee, which is determined as follows: 50 euros per person up to the 31st day before the start of the trip. Any rebooking requests made by the customer after the 31st day before the start of the tour, if at all possible, can only be carried out after withdrawal from the package travel contract in accordance with the above conditions and simultaneous re-registration. This does not apply to rebooking requests that only incur minor costs of a maximum of EUR 50.00. These costs shall be borne in full by the tour participant. These costs shall be borne in full by the travel participant.
This does not apply if the rebooking is necessary because the tour operator has provided the traveler with no, insufficient or incorrect pre-contractual information in accordance with Art. 250 § 3 EGBGB. In this case, the rebooking is possible free of charge.
Cancellation of the trip, non-utilization of travel services by the guest
If the tour is interrupted after the start of the tour due to circumstances attributable to the tour participant (e.g. illness, technical defect, etc.) or if individual services of the tour are not used, there is generally no right to reimbursement of the proportionate tour price. However, the tour operator shall endeavor to obtain reimbursement from the service providers for any expenses saved and for any proceeds generated from the utilization of the services not used. This does not apply if completely insignificant services are affected or if statutory or official regulations prevent reimbursement.
The travel service is also deemed to have been used if the tour participant arrives more than 30 minutes late at the agreed meeting point for an event with a predetermined start time and the tour management, the tour guide or a vicarious agent of EXIT TURN has already started the tour. This does not entitle the guest to delay the start of the tour or to repeat parts of the tour that have already begun. In consultation with the tour guide, the delayed tour participant may join the tour at an agreed meeting point at a later time.
Substitute
The travel participant has the right to be replaced by a third party (substitute person) in good time before the start of the trip. EXIT TURN may object to the participation of a third party if the third party does not meet the below-mentioned participant authorizations or if his participation is contrary to legal regulations, including those of the country of travel, or official orders.
If a third party enters into the contract, the tour participant and the third party shall be jointly and severally liable to EXIT TRURN for the tour price and any additional costs incurred.
Force majeure
Difficulties, hazards or impairments of a significant nature due to circumstances unforeseeable at the time the contract was concluded (force majeure) entitle both parties to terminate the travel contract. A period of bad weather or precipitation which can make it difficult to drive motor vehicles of any kind, but which are not to be regarded as extreme storms in the sense of a natural disaster, are expressly excluded from the provisions of §651h BGB.
Participant authorization
EXIT TURN reserves the right to withdraw from the travel contract and to demand compensation from the travel participant in accordance with the above-mentioned cancellation fees if the travel participant does not meet the following participant eligibility requirements.
Only the following are entitled to participate in the trip:
- persons of legal age or persons accompanied by a parent or legal guardian
- Persons in possession of a valid driving license for the vehicle category used
- Persons who have a roadworthy vehicle in accordance with road traffic regulations and road traffic licensing regulations
- Persons who have the legally required insurance for their vehicle
- Persons who are not banned from driving by the police or authorities
- Persons who are not under the influence of medication, drugs or alcohol
- People who are not physically or mentally impaired
Minimum number of participants
EXIT TURN reserves the right to cancel a trip if the number of participants is too low. The minimum number of participants is generally 6 persons, unless otherwise stated in the tour description. If the minimum number of participants is not reached, the tour participant will be notified of the cancellation that the number of participants has not been reached and that the tour will not be carried out at the latest 20 days before the contractually agreed tour date. Any payments already made towards the tour price will be refunded to the tour participant immediately, but no later than 14 days after receipt of the notice of withdrawal.
If it becomes apparent at an earlier stage that the minimum number of participants cannot be reached, the tour operator must immediately exercise its right of withdrawal.
After withdrawal by the tour operator, the travel participant is only free to demand participation in another trip of equal value if EXIT TRURN is able to offer such a trip from its range at no extra cost to the traveler. The traveler must assert this right against EXIT TRURN immediately, but no later than 7 days after receipt of the declaration of withdrawal. If the guest does not exercise this right, all payments already made towards the tour price must be refunded within the aforementioned period.
Trip interruption by EXIT TURN
Exit Turn may cancel a trip that has already begun if the tour leader or tour guide is unavailable due to illness or injury and no replacement can be provided. In this case, the tour participant will be refunded the proportionate tour price for services not rendered within 14 days.
For safety reasons, the tour participant must always behave in a disciplined manner during the tour. For this reason, EXIT TURN reserves the right to withdraw from the travel contract without notice, even during a tour event that has already begun, and to exclude the tour participant from continuing the tour if the tour participant, regardless of a warning issued informally by the tour operator or its authorized vicarious agents (tour leader/tour guide), causes lasting disruption or otherwise behaves in breach of contract and the breach of contract is not due to a breach of the tour operator’s duty to inform. If the tour operator terminates the contract in this context, it retains the full claim to the tour price.
Reasons for exclusion during the travel event are
- Risky driving that endangers yourself and others, especially overtaking within the tour group
- Repeated and serious violation of the traffic regulations of the country traveled to
- Repeatedly disobeying the instructions of the tour leader or tour guide
- Physical and mental limitations
- Alcohol, drug and medication abuse
Warranty, duty to cooperate, request for remedy
Notwithstanding the reduction or termination of the contract, the tour participant may demand compensation for non-performance, unless the deficiency in the tour is due to a circumstance for which EXIT Turn is not responsible. The tour participant is obliged to do everything reasonable in the event of any disruptions in performance to help remedy the disruption or to minimize damage. All complaints must be reported immediately to the responsible tour guide. If a tour guide cannot be reached, complaints must be made directly to EXIT TURN without delay. Before termination is pronounced, EXIT TURN must be given a reasonable period of time to remedy the situation if remedial action is not impossible or is refused by EXIT TURN, or if immediate termination of the contract is justified by a special interest of the customer.
The customer must assert claims for reduction and compensation with EXIT TURN within one month of the contractually agreed end of the trip. After this period has expired, the travel participant may only assert claims if he/she was prevented from meeting the deadline through no fault of his/her own. Claims are subject to a limitation period of one year. The limitation period begins on the day on which the trip should have ended according to the contract. If the customer has asserted claims, the limitation period shall be suspended until the day on which EXIT TURN rejects the claims in writing.
Liability
The tour participant assumes full responsibility under civil and criminal law for all direct and indirect damage caused by him/her (e.g. personal injury, property damage and consequential damage) and shall ensure that he/she has adequate insurance cover. The tour participant shall indemnify EXIT TURN and its vicarious agents against third-party claims asserted in connection with a loss event caused or contributed to by the tour participant.
If EXIT TURN uses the services of vicarious agents or other third parties to fulfill the contract, EXIT TRURN is only responsible for careful selection and the usual monitoring.
EXIT TURN accepts no liability for damage of any kind caused by improper condition of the track.
The tour operator is liable if and to the extent that the breach of information, clarification or organizational obligations of the tour operator was the cause of damage to the traveller.
The liability towards the travel participant for damages arising from contractual claims from the travel contract is limited to three times the travel price, except for bodily injury, insofar as damage to the travel participant was neither caused by gross negligence nor intentionally or EXIT TURN is responsible for damage incurred by the travel participant solely due to the fault of a service provider.
EXIT TURN is not liable for service disruptions in connection with services that are merely recommended or arranged as third-party services (flights, ferries, events, exhibition visits, other sightseeing tours, etc.) and that are identified as third-party services in the travel advertisement. A claim for damages against EXIT TURN is limited or excluded insofar as a claim for damages against the service provider can only be asserted under certain conditions or restrictions or is excluded under certain conditions due to international agreements or statutory provisions based on such agreements that are applicable to the services to be provided by a service provider.
Liability for intent or gross negligence on the part of EXIT TURN remains unaffected.
No insurance is included in the scope of services. EXIT TURN recommends taking out travel cancellation, accident, international health and repatriation insurance. In addition, a car insurance policy is expressly recommended.
Documents, passport, foreign exchange, customs and health regulations
EXIT TURN shall inform the tour participant about the passport, visa, customs and health regulations of the countries to be visited. The tour participant is obliged to disclose any personal particularities for himself and his fellow travelers in connection with customs, visa, foreign exchange, documents and health regulations. Each travel participant is responsible for complying with the relevant regulations. All disadvantages incurred by the tour participant as a result of non-compliance with these regulations shall be borne by the tour participant, with the exception of culpable misinformation or non-disclosure on the part of EXIT TURN.
Tour guide
The tour guides are not authorized to make legally binding declarations on behalf of EXIT TURN. Nor may they hand over to the tour participant any vehicles or equipment belonging to or entrusted to EXIT TURN.
Image and film material
The tour participant expressly grants EXIT TURN permission to use images taken during the tour event in the form of still images and films in which the tour participant(s) are recognizable for information and advertising purposes, including and above all on the Internet. The tour participant can object to the use of the data (photo and video recordings of the tour event) for advertising purposes (homepage of the organizer, social media, advertising material) at any time and informally in accordance with the GDPR. A brief notification is sufficient.
Photos in which people are not recognizable, for example because their face is covered by a motorcycle helmet, can be used – unless the traveler expressly objects.
Applicable law, partial invalidity, place of jurisdiction
This package travel contract is based exclusively on German law.
Should individual provisions of this travel contract be invalid, this shall not result in the invalidity of the entire travel contract. The same applies to the travel and business terms and conditions.
By registering, the customer accepts these terms and conditions as binding for himself and all accompanying persons listed in the registration.
The tour operator reserves the right to correct printing and calculation errors.
The place of jurisdiction is 89312 Günzburg
With regard to the law on consumer dispute resolution, the tour operator points out that it does not participate in voluntary consumer dispute resolution. For all travel contracts concluded in electronic legal transactions, the tour operator refers to the European online dispute resolution platform
ec.europa.eu/consumers/odr/main/
Waiver of liability
By registering for the trip, the travel participant expressly agrees to the following declaration:
I am aware of the risks of traveling with my own vehicle, especially motorcycles.
Participation is at my own risk and I agree that neither EXIT TURN and its vicarious agents nor other authorized persons or companies can be held liable for personal injury, property damage and / or financial loss.
I indemnify EXIT TURN against disruptions due to force majeure.
I acknowledge that the tour operator is not liable for the misconduct of other participants.
I acknowledge the authority of the organizer and its vicarious agents in all matters relating to the itinerary and safety.
I am always responsible for my turning line and my driving speed and must adjust these independently according to the conditions, even if I am following a tour guide or another tour participant on the road.
I undertake to avoid damage to nature and unnecessary nuisance to local residents or other third parties during the trip.
If I participate in the tour event with my own vehicle, I confirm that my vehicle is in perfect technical condition, complies with the applicable noise regulations and has the legally required insurance cover.
I am personally liable for violations of applicable traffic laws.
I am basically physically and mentally healthy and fulfill the requirements for the travel event.
I have a valid driver’s license in the appropriate category for the vehicle used and sufficient driving experience.
I am responsible for the required protective clothing and the roadworthy condition of my vehicle during the tour.
For my own safety, I undertake to use the protective equipment prescribed by the organizer during the entire tour.
Exit Turn, Gerold Betzler, Sonnenstrasse 6a, 89358 Kammeltal, Germany, ++49(0) 8223 960 246, info@exitturn.de
