THE WHITE BLUE
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TERMS AND CONDITIONS

1. Conclusion of the travel agreement

a.    The travel proposals offered by The White Blue invite you as a client to submit to us a binding declaration of intent for the conclusion of a travel agreement. Acceptance of your declaration of intent depends on the affirmation of the contract on our part. We do not guarantee the validity of promotional materials produced by third parties.

b.    Should we not be able to accept your declaration of intent and instead propose a counter offer, you are formally required to confirm the travel agreement proposed in the counter offer by the specified deadline. The date of receipt determines the validity of your confirmation of the travel agreement.

c.    Travel agreements concerning individuals younger than 18 years of age require the prior consent of their legal guardians.

d.   The confirmation of travel agreements on your part and our part as well as changes or amendments to the travel agreement have to be in writing.

 

2.   Payment

a.    After your registration you will be provided with an invoice, which either has to paid in full immediately or of which you can pay 20% as a first rate within a week. The remaining 80 % of the travel price have to be paid four weeks before the start of the trip without further written notification.

b.    In case of delay of payment legal provisions apply.

c.    Day trips have to be paid in full on site on the day of the trip. Except we have to go in advance, the activities you booked will be billed to you and can not be canceled.

d. For cottage LUMI / VESI a safety deposit of 300,-€ is to be paid in cash on the day of your arrival.

e.   Other accommodation fees that are not part of the travel agreement have to be paid on location.

 

3.   Services

a.    The contractually agreed upon services are determined by our tour descriptions as well as by the confirmation of the travel agreement. If the tour description and the confirmation of the travel agreement differ in content, only the confirmation of the travel agreement counts as valid.

b.    Third-party services are not part of our travel agreements, e.g. snowmobile safari, husky excursion.

 

4.   Changes in services and price before the start of the tour

a.    We reserve the right to make changes to tour descriptions due to unforeseeable events before the conclusion of travel agreements. In case of such changes, you will be informed about them before booking the trip.

b.    If contractually agreed upon services cannot be provided as stipulated in the contract, we reserve the right to make changes to the services, if we can offer a suitable substitution service.

c.    We reserve the right to make changes to confirmed booking prices in case of exchange rate or tax variations. These changes will be proportionate to how they affect the tour price per person.

You will immediately be informed about any significant changes. At the very latest you will be informed three weeks before the start of the trip. Changes in confirmed booking prices after this point in time are not permissible. If booking prices increase by more than 5% or in cases of significant changes to contractually agreed upon services, you have the right to withdraw from the travel contract without incurring any fees. Alternatively, you have the right to ask for participation in any comparable trips that we might offer at the time.

You should assert these rights immediately after being informed by us about possible changes in prices and/or services.

 

5.   Travel cancellations

a.    You can at any point in time before the start of trip withdraw from the travel agreement in written form.  Please consider paragraphs b. – f. below.

b.    In case you should decide to cancel a booked tour, we are entitled to financial compensation, either according to the flat rates listed below (in accordance with section 651 – clause 3 BGB) or through calculations determined by law (according to section 651 – clause 2 BGB).

c.    Cancellation fees per person:

Up until the 45th day before the start of the trip: 20% of the tour price.

From the 44th to the 31st day before the start of the trip: 50% of the tour price. 

From the 30th day before the start of the trip or in case of non-attendance: 100% of the tour price.

The decisive factor determining whether you comply with the time limits listed above is the receipt of your written travel cancellation at our offices.

d.    These provisions also apply, if individual travelers that are part of a group wish to cancel their trip or fail to start their trip.

e.     We recommend urgently that you take out travel cancellation insurance.

 

6.   Rebooking requested by travelers

a.    For all changes to the original travel agreement requested by travelers, we are entitled to charge a flat-rate rebooking fee of 100 € per traveler. This applies to changes to travel dates, travel destinations, the place of departure as well as the mode of transportation.

b.    Rebooking that occurs within 30 days before the start of a trip, is counted as a cancellation, incurring cancellation fees according to paragraph 5.c. and requiring new registration.

c.    In case you should decide not to take advantage of individual services, you are not entitled to a refund of the pro-rata tour price. Regardless, we will attempt to claim a refund from the respective service providers.

 

7.   Cancellation of the travel agreement by the tour operator.

a.    We reserve the right to cancel the travel agreement without previous notice, if you disrupt the tour or in any other way violate the terms of the travel agreement, despite prior warnings.

b.    In such cases the tour price will not be reimbursed

c.    In case of not reaching the minimum number of travelers for a particular tour, we have the right to withdraw from the travel agreement for up to two weeks before the start of the tour and instead offer a changed travel contract. The minimum number of travelers for a tour is specified in the tour description as well as the confirmation of the travel agreement.

d.   In case the tour is significantly impeded or compromised due to an act of god, all parties to the travel agreement have the right to withdraw from the agreement. In case of withdrawal, we can demand compensation for all services performed and/or all services needed to be performed for a conclusion of the tour. The amount of the compensation will be proportionate to the cost of all non-performed services and all still to be performed services. In such cases, you will be charged with all additional costs.

e.    Should a tour not take place due to a failure to achieve the minimum number of participants, the tour operator will reimburse any payments made by travelers up to that point.

 

8.   Warranty

a.    Redress: Should services not be provided in accordance with the travel agreement, you have the right to demand redress. We can deny you redress, if it involves a disproportionate amount time and effort. We can offer you redress by providing a substitute service of the same value.

b.    Reduction in tour price: For the duration of a tour that was not provided in accordance with the travel agreement, you have the right to demand a reduction in tour price. This is not the case should you fail to make a complaint with the local tour guide immediately. If no local tour guide should be present, directly call the White Blue, Buchenweg 3, 87459 Pfronten, at  + 49 8363 92 898 58. 

c.    Cancellation of contract: Should a tour be significantly impeded due to any shortcomings on our part and should we fail to offer you redress within a reasonable amount of time, you have the right to cancel the contract within the provisions of the law. The same applies, if you cannot be expected to complete a tour (for reasons that are apparent to us) due to any shortcomings on our part. Setting a deadline for redress is always necessary, except in cases where redress is either impossible or if we chose to deny redress or if the immediate cancellation of the contract can be justified by special concerns on your part.

d.    Damages: You have the right to demand a reduction in tour price or damages, except in cases where any shortcomings to a tour cannot be attributed to us.


9.   Legal Claims

a.    Should you want to assert any legal claims against us on the basis of the travel agreement or on the basis of any unlawful actions, you have to send these claims to the address listed in paragraph 8. b within one month after conclusion of the tour as stipulated in the contract. The date stamp determines if time limits were observed. 

b.    Should you want to assert legal claims after this deadline, you can only do so if you have been kept from meeting the deadline by circumstances outside of your control.

c.    Legal claims based on failure to provide contractually guaranteed services fall under the statue of limitations six months after completion of the tour. The statutory period of limitations starts with the day on which the contract states that the tour should have ended. Have you asserted such claims, the statutory period of limitations is suspended until the day we reject your claims in written form. Legal claims based on unlawful actions fall under the statue of limitations after three years.

 

10.       Liability limitation

a.    The tour operator’s contractual liability for all damages, except bodily harm, is limited to the tour price. The tour operator’s contractual liability is also limited to cases where a traveler’s damage is not caused deliberately or through gross negligence. The tour operator’s contractual liability is limited to cases where a traveler’s damage is the sole responsibility of the service provider.

b.    Claims for damages against us are limited or impossible due to international agreements or legal provisions based on such agreements, which stipulate that claims to compensation for damages against service providers are only permissible under certain circumstances and are limited to certain requirements.

c.    All claims for damages asserted against us on the basis of unlawful actions that were not the result of deliberation or gross negligence are limited to property damages in the amount of 100 €, maximally up to the amount of the tour price. These maximum liability sums apply per tour per traveler. We recommend that you take out baggage insurance.

d.    We are not liable for disruptions to any services provided by third parties, which we only procured and which were clearly labeled as services provided by a third party in the tour description. Should we, as part of a tour or in addition to a tour, rely on transportation provided by local public transportation services and should you be issued a ticket for such public transportation, this counts as services provided by a third party in so far as we explicitly indicate that this is the case both in the tour description as well as in the confirmation of the travel agreement. We are therefore not liable for providing the transportation service itself. Possible liabilities in such cases are regulated by the conditions of transportation of these service providers. These conditions of transportation should be pointed out to the traveler.


11.       Duty to co-operate

As a traveler you have the duty to co-operate within the provisions of the law, if and when service disruptions occur. You have the duty to prevent or minimize possible damages. You are especially obligated to immediately direct any complaints that you might have towards the local tour guides. Should these tour guides be unable to remedy the service disruption, you have to promptly inform us about your complaints. Should you negligently fail to report a service disruption, you have no right to compensation. Is a tour guide present, you have to immediately draft a report about your grievances.

 

12.       Transportation services

All transportation services are utilized on your responsibility as a client.

 

13.       Passport, customs, foreign exchange and health regulations

a.    You are responsible for observing all passport, customs, foreign exchange and health regulations. All disadvantages that result from disregarding these regulations are at your own expense, even if these regulations should be changed after booking. We do not take responsibility for the correctness of information supplied by us. Should you violate the entry regulations of individual countries and should you therefore not be able to participate or complete a tour, we have the right to charge you with the cancellation fees specified in paragraph 5 c.

b.    Please be especially careful to observe entry regulations when crossing borders with animals.

 

14.       Insurance

We recommend that you take out comprehensive travel insurance, covering accidents, health costs and baggage. A green insurance card is definitely necessary. In an event covered by insurance, you are required to immediately contact the insurance company. In case of damages official letters of confirmation are required.

 

15.       Jurisdiction

a.    Sole jurisdiction for contractual relationships with companies or public-law entities is Kempten, Germany.

b.    The same applies if you have no jurisdiction within the Federal Republic of Germany, if you move your residence abroad after conclusion of the travel agreement or if your residence is unknown at the time of filing a complaint.

 

16.       General

a.    The ineffectiveness of individual provisions of the contract does not lead to the ineffectiveness of the entire contract. Provisions that come as close as possible to the intended purpose will replace such ineffective provisions.

b.    Obvious spelling errors and miscalculations entitle us to contest the validity of the travel agreement.

c.    Upon your registration you agree to these terms and conditions. Possible conditions of your own require our approval in written form in order to become valid.


17.       Protection of data privacy

The data required to process all commercial transactions will be stored, kept and used in accordance with the regulations stipulated by the Federal Data Protection Act. Furthermore, we wish to inform you about current travel announcements in written form, provided that it is not otherwise apparent that you do not wish to be informed about current travel announcements

 

 

The White Blue
Buchenweg 3

87459 Pfronten

by Jonas Georgi