TERMS AND CONDITIONS OF TRAVEL – SHANGRILAYA AKTIVREISEN GMBH
Dear traveler,
The following travel conditions supplement the statutory provisions of §§ 651a–y of the German Civil Code (BGB) and Articles 250 and 252 of the Introductory Act to the BGB (EGBGB) and govern the legal relationship between you (the traveler) and us (the tour operator). Please read these travel conditions carefully before booking.
1. Conclusion of the package travel contract, obligations of the customer
1.1 General rules for all booking methods
a) The basis of Shangrilaya Aktivreisen GmbH’s offer and the customer’s booking are the travel description and additional information provided for the respective trip, insofar as they are available to the customer at the time of booking.
b) If the content of the travel confirmation differs from the booking, this constitutes a new offer by Shangrilaya Aktivreisen GmbH, which is binding for 14 days. The contract is concluded based on this new offer if the customer accepts it within the binding period through an express declaration or payment, and the company has fulfilled its pre-contractual information duties.
c) Pre-contractual information regarding essential characteristics of travel services, price, additional costs, payment terms, minimum number of participants, and cancellation fees becomes part of the contract only if expressly agreed otherwise.
1.2 Written/email/fax bookings
a) Bookings should be made using the company’s booking form. With the booking, the customer makes a binding offer to conclude a travel contract, bound for 14 working days.
b) The contract is concluded upon receipt of the travel confirmation from the company. A written confirmation will be provided.
c) If the company provides a concrete offer, the contract is concluded when the customer accepts it without changes within the specified deadline.
1.3 Online bookings
a) The booking process is explained in the online system.
b) The customer can correct input errors before submission.
c) Contract languages are indicated; legally binding is German.
d) Contract text may be stored and retrieved.
e) Clicking “book with obligation to pay” constitutes a binding offer.
f) Booking receipt is confirmed electronically.
g) Submission does not guarantee acceptance.
h) Contract is concluded upon travel confirmation.
1.4 No right of withdrawal
There is no statutory right of withdrawal for package travel contracts concluded at a distance; only statutory cancellation rights apply.
2. Payment
2.1 After contract conclusion, a 20% deposit is due upon receipt of the security certificate. Final payment is due 30 days before departure. For bookings less than 30 days before departure, full payment is due immediately.
2.2 If no transport is included or payment is agreed after travel, no security certificate is required.
2.3 Late payment allows the company to withdraw after reminder and charge cancellation fees.
3. Changes before travel
Minor changes to services are permitted if reasonable. Customers will be informed promptly. In case of significant changes, the customer may accept or cancel free of charge.
4. Cancellation by the customer
The customer may cancel at any time. The operator may charge compensation based on timing:
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Up to 30 days: 20%
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29–15 days: 35%
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14–7 days: 60%
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6–1 day: 90%
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No-show: 100%
Customers may prove lower damages. Refunds must be issued within 14 days.
5. Rebooking
No entitlement to changes exists. Rebooking fees may apply (generally €25 per person).
6. Minimum number of participants
The company may cancel if the minimum number is not reached and must inform customers in time. Payments are refunded.
7. Termination due to misconduct
The company may terminate the contract if the traveler disrupts the trip significantly. Costs remain payable minus saved expenses.
8. Customer obligations
Customers must check travel documents, report defects immediately, and allow the operator a chance to remedy issues.
9. Liability
Liability is limited to three times the travel price unless injury to life, body, or health is involved. The company is not liable for third-party services clearly marked as such.
10. Claims
Claims must be submitted to the company, preferably in writing.
11. Dispute resolution and law
The company does not participate in voluntary consumer arbitration. German law applies. Jurisdiction is the company’s registered office for disputes involving international customers or businesses.
Operator
Shangrilaya Aktivreisen GmbH
Geierlohweg 35
95111 Rehau, Germany
Managing Director: Sangethele Tamang
HRB 6004 – District Court Hof