Terms and Conditions
General terms and conditions for package travel and package travel mediation according to § 651 a BGB and § 651 v BGB of:
Europa Discovery UG (limited liability),
Königsallee 19, 40212 Düsseldorf, Germany,
represented by the managing directors Ekaterina Prymichou and Georgiy Berber,
email: info@europa-discovery.de,
phone: +49 (0) 211-97273521 (hereinafter “Europa Discovery”).
§ 1 Scope of application
(1) These terms and conditions apply between Europa Discovery and the travel customer (hereinafter “travel customer”) when concluding a package travel contract or when mediating package travel by Europa Discovery. (2) Deviating terms and conditions of the travel customer are not recognized unless Europa Discovery expressly agrees to their validity in writing. (3) These terms and conditions apply regardless of whether the travel customer is a consumer, entrepreneur or merchant. The travel customer is a consumer to the extent that the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or legal partnership with legal capacity who acts in the exercise of his commercial or self-employed professional activity when concluding the contract. (4) Changes or additions to these terms and conditions require written form and must be explicitly marked as such. If the contracting parties have made divergent agreements that have been recorded in writing, these agreements take precedence over these terms and conditions.
§ 2 Conclusion of contract and content of contract for package travel contract/ mediation of package travel contracts A. Europa Discovery as tour operator
(1) The offers presented by Europa Discovery on the website www.europe-discovery.de do not constitute a binding contractual offer from Europa Discovery or the respective tour operator. By entering his data and submitting the online booking form, the travel customer bindingly offers Europa Discovery to conclude a package travel contract based on the travel description, the information on the respective trip in the description, and the general travel conditions. The travel customer will then receive a booking confirmation from Europa Discovery by email to the email address provided by him, which only confirms the receipt of the booking order. The travel customer is obliged to immediately check the data in the booking confirmation for the desired travel service for accuracy upon receipt of the booking confirmation. The contract between the customer and Europa Discovery is only concluded when Europa Discovery has legally confirmed the requested services to the travel customer by sending a booking confirmation on a durable medium (e.g. by email). (2) If the content of the declaration of acceptance (travel confirmation) differs from the content of the booking, a new offer from Europa Discovery is made, to which Europa Discovery is bound for a period of 10 days. The contract is concluded on the basis of this new offer if the travel customer declares acceptance within the binding period or undertakes the trip without objection. (3) The travel customer is responsible for all contractual obligations of fellow travelers for whom he has made the travel registration, as well as for his own obligations, provided that he has assumed this obligation by means of an explicit and separate declaration. (4) The type and scope of the services that Europa Discovery is required to provide are based solely on the content of the travel confirmation in connection with the prospectus/internet prospectus valid for the trip or the travel description with all contained information.
(3) The travel customer is responsible for all contractual obligations of fellow travelers for whom he/she has registered, as well as for his/her own obligations, provided that he/she has assumed this obligation through express and separate declaration. (4) The type and scope of the services to be provided by Europa Discovery are determined exclusively by the content of the travel confirmation in conjunction with the prospectus/internet prospectus or travel description for the trip, including all information contained therein.
B. Europa Discovery as a Travel Agent (5) Europa Discovery expressly points out to the travel customer that travel contracts are not concluded with Europa Discovery, but exclusively with the specified package tour operator. (6) Only a travel agency contract is concluded between Europa Discovery as a travel agent and the travel customer. The subject of this travel agency contract is the mediation of package tours. The agreements on the mediation of package tours apply exclusively to the brokerage activities of Europa Discovery and have no influence on the conditions under which the mediated travel services are provided. The contractual conditions of the respective service provider will be made available before booking the trip and must be explicitly confirmed by the travel customer. (7) Paragraph 1 applies accordingly for the conclusion of an agency contract for a package tour via the website www.europe-discovery.de. With the acceptance of the mediation order by the travel customer by Europa Discovery as a travel agent, the contract for the mediation of a package tour is concluded between the travel customer and Europa Discovery. (8) The mutual rights and obligations of the travel customer and Europa Discovery as a travel agent result, insofar as this is not contrary to mandatory statutory provisions, from the agreements made in each individual case, these terms and conditions and the statutory provisions, in particular §§ 651a ff BGB in conjunction with Art. 250ff. EGBGB and §§ 675, 631 ff. BGB on remunerated agency. (9) The agreements made with the package tour operator exclusively apply to the rights and obligations of the travel customer towards the mediated package tour operator, in particular these terms and conditions. The payment terms for the payment of the travel price are based on the respective contractual provisions of the service provider of the booked package tour service.
§ 3 Payment
(1) After receipt of the travel confirmation with the security certificate, a deposit of 20% of the travel price is due. The remaining amount is due and payable 4 weeks before the start of the trip and must be paid without request, provided that the security certificate has been handed over and it is established that the trip will be carried out, in particular that it cannot be cancelled according to § 7. (2) If the travel customer does not pay the due travel price despite a reminder and a reasonable deadline for payment, Europa Discovery is entitled to withdraw from the contract and to charge the travel customer with cancellation costs based on § 6 paragraph 2. (3) The above provisions apply to Europa Discovery as a travel organizer and as a travel agent.
A. Special regulations as a tour operator
§ 4 Changes to services
(1) Europa Discovery reserves the right to unilaterally change contract conditions other than the price of the trip after the contract has been concluded, if the changes are insignificant, do not affect the overall structure of the booked trip and are not brought about in bad faith (e.g. changes to flight times up to 4 hours, changes to the route, changes to the itinerary). (2) The customer shall be informed thereof on a durable medium (e.g. by e-mail, SMS) in a clear, understandable and highlighted manner. The change is only effective if it meets these requirements and is declared before the start of the trip. (3) Significant changes cannot be made without the customer’s consent; reference is made to the provisions of §§ 651f and g of the German Civil Code (BGB).
§ 5 Price increases, contract changes
(1) Europa Discovery reserves the right to unilaterally increase the agreed price of the trip after the contract has been concluded if the increase in the price of the trip directly results from a) an increase in the cost of transporting persons due to higher costs for fuel or other energy sources, b) an increase in taxes and other charges for agreed travel services, such as tourist taxes, port or airport fees, or c) a change in the exchange rates applicable to the relevant package tour. In the cases mentioned, the price of the trip will be changed to the extent that the increase in the factors mentioned in a) to c) affects the price per person of the trip. (2) Europa Discovery shall inform the customer immediately on a durable medium of the price increase. The price increase is only effective if it meets the aforementioned requirements and the customer is informed no later than 20 days before the start of the trip. (3) The customer is entitled to a price reduction if corresponding costs (paragraph 1) decrease or change and this results in lower costs for Europa Discovery. (4) Significant changes to the contract and an increase in price of more than 8% are only permissible with the customer’s consent. Europa Discovery shall inform the customer of contract changes, including the reasons, immediately after becoming aware of the reason for the change on a durable medium. Europa Discovery may require the customer to accept an offer of a significant change to the contract or an increase in price of more than 8% within a reasonable period of time determined by Europa Discovery, or to cancel the contract. After the period of time determined by Europa Discovery has elapsed, the offer of a significant change to the contract or an increase in price of more than 8% shall be deemed accepted. Alternatively, Europa Discovery may offer the customer participation in a replacement trip in connection with the offer of a significant change to the contract or an increase in price of more than 8%.
§ 6 Cancellation by the customer, premature termination of the trip
(1) Customers may cancel the trip at any time before the start of the trip. The receipt of the cancellation declaration by Europa Discovery is decisive.
(2) If the customer cancels the package travel contract (cancellation) or does not commence the trip, Europa Discovery loses the right to the travel price but may demand reasonable compensation. For this purpose, Europa Discovery has established the following flat-rate compensation payments, which are determined as a percentage of the travel price, depending on the time between the cancellation declaration and the start of the journey, the expected savings in expenses by Europa Discovery, and the expected acquisition through other use of the travel services, as follows:
- up to 30th day before departure 20%;
- up to 21st day before departure 30%;
- up to 14th day before departure 50%;
- up to 7th day before departure 60%;
- up to 1st day before departure 80%;
- on the day of departure or in case of non-commencement of the journey 90% of the total price. (3) The customer can prove to Europa Discovery that significantly less damage has been incurred than the standardized cancellation costs. (4) Until the start of the journey, the customer may request that a third party enters into the rights and obligations of the package travel contract instead of him. Europa Discovery may object to the entry of the third party if he does not meet the special travel requirements or his participation is contrary to legal provisions or official orders. In the event of the contract transfer, the original customer and the substitute participant shall be jointly and severally liable for the travel price and the additional costs incurred by the entry of the third party. (5) The conclusion of travel cancellation insurance and insurance to cover the costs of repatriation, accidents, illness, or death is recommended. (6) If the customer does not make use of individual travel services offered by Europa Discovery in the event of early return, illness, or for other reasons that are solely his responsibility, there is no claim by the customer for a pro-rata refund of the travel price.
§ 7 Cancellation by Europa Discovery in case of failure to reach the minimum number of participants
(1) Europa Discovery may withdraw from the contract due to failure to reach the specified minimum number of participants if
- the minimum number of participants and the deadline by which the declaration must have been received by the customer before the contractually agreed start of the journey are stated in the pre-contractual information and travel advertisement, and
- reference is made to this information in the travel confirmation. (2) Cancellation by Europa Discovery must be declared to the customer at the latest 4 weeks before the agreed start of the journey. (3) Europa Discovery may also withdraw from the contract before the start of the journey if Europa Discovery is prevented from fulfilling the contract due to unavoidable and extraordinary circumstances. In this case, Europa Discovery must declare the withdrawal immediately after becoming aware of the reason for the withdrawal. In the event of cancellation, Europa Discovery loses the right to the agreed travel price. Any payments made by the customer will be refunded at the latest within 14 days of receipt of the cancellation declaration.
§ 8 Warranty
(1) If travel services are not provided in accordance with the contract by the travel organizer, the traveler shall have statutory warranty rights. The traveler is obliged to cooperate in accordance with statutory provisions in the event of performance disruptions, to avoid or minimize any damage. In particular, the traveler is obliged to report any complaints immediately to the local tour guide, to Europa Discovery or to the travel agent. (2) If the traveler culpably fails to report a defect, there shall be no claim for reduction or damages, provided that Europa Discovery was unable to remedy the defect due to the lack of defect notification. This shall not apply if the notification is obviously futile or unreasonable for other reasons. (3) If the journey is significantly impaired due to a defect, the traveler may terminate the package travel contract in accordance with § 651l of the German Civil Code. However, termination of the package travel contract by the traveler is only permissible if Europa Discovery does not remedy the defect after the traveler has set a reasonable deadline for this purpose. No deadline is required if remedying the defect is impossible, refused by Europa Discovery or if immediate termination is justified by a special interest of the traveler. (4) Warranty claims shall expire after two years. The limitation period begins on the day on which the package tour should have ended in accordance with the contract. (5) The assignment of the traveler’s claims against Europa Discovery to third parties is prohibited. This prohibition does not apply to family trips with accompanying family members.
§ 9 Passport, visa and health regulations
(1) Europa Discovery shall inform the traveler before the conclusion of the contract about general passport and visa requirements of the destination country, including the approximate deadlines for obtaining visas, as well as health formalities (e.g. medically required vaccinations and certificates) that are required for the trip and stay. (2) The traveler is responsible for complying with all passport, visa and health regulations that are important for the implementation of the trip.
§ 10 Information obligation about airlines
(1) EU Regulation No. 2111/2005 on the information of passengers regarding the identity of the operating air carrier obliges Europa Discovery to inform the traveler about the identity of the operating airline for all flight transport services to be provided within the framework of the booked trip at the time of booking. (2) If the operating airline is not yet known at the time of booking, Europa Discovery is obliged to name the airline that is likely to operate the flight and to ensure that travelers are informed of the identity as soon as it is known. The same applies if the operating airline changes. (3) A list of unsafe airlines banned from operating within the EU can be found on the website https://ec.europa.eu/transport/modes/air/safety/air-ban_de and on our website.
B. Special provisions as travel agent
§ 11 Duties of the travel agent, information, advice
(1) The travel customer is advised to the best of their ability by Europa Discovery. At the customer’s request, Europa Discovery will make a booking request with the package tour operator. If the package tour operator confirms this, Europa Discovery must provide the travel customer with the documents on the mediated travel services. This does not apply if it is agreed that the package tour operator will send the documents directly to the travel customer. (2) In providing other information and advice, for which Europa Discovery is not obliged to provide information in accordance with § 651v (1) BGB in conjunction with Art. 250 § 1 to 3 EGBGB, liability as a travel agent exists within the framework of the law and contractual agreements for the correct selection of sources of information and the correct transmission to the travel customer. (3) A contract for the provision of information with a contractual main obligation to provide information is only concluded with an express agreement to do so. Europa Discovery is not liable for the accuracy of information provided unless a contract for the provision of information has been concluded. (4) Europa Discovery is not obliged to determine and/or offer the cheapest provider of the requested travel service unless expressly agreed. (5) Contractual obligations of Europa Discovery within the scope of its “best price guarantee” remain unaffected by this. (6) Without express agreement, Europa Discovery does not assume any guarantee within the meaning of § 276 (1) sentence 1 BGB for prices, services, booking conditions and other circumstances of the travel service and with regard to information on the availability of the services to be mediated by the travel agent, no procurement guarantee within the meaning of this provision. (7) Special requests are only accepted by Europa Discovery for forwarding to the package tour operator to be mediated. Unless otherwise expressly agreed, Europa Discovery is not responsible for fulfilling such special requests. These are also not a condition or contractual basis for the mediation order or the booking declaration to be transmitted by Europa Discovery to the package tour operator. The travel customer is advised that special requests usually only become part of the package tour operator’s contractual obligations through the package tour operator’s express confirmation.
§ 12 Information obligations regarding entry regulations and visas
(1) If Europa Discovery takes over the registration within electronic systems for obtaining entry permits as a prerequisite for entry or transit in certain countries for the travel customer, whether for a fee or free of charge, the following applies: The assumption of this activity does not create any obligation of Europa Discovery to obtain further information or information on entry or transit formalities or on transit stays on the trip, in particular not to obtain visas, without an express agreement.
Please note that the electronic travel authorization does not replace the final entry permit granted by the border authorities of the respective country. (2) Europa Discovery is not obligated to procure visas or any other documents necessary for travel without a special, express agreement. In the event of accepting such an order, Europa Discovery may demand reimbursement of expenses incurred by it, which it was entitled to deem necessary under the circumstances, without express agreement. Europa Discovery may charge a fee for its services if such fee has been agreed or if the service was only owed against corresponding compensation under the circumstances. (3) Europa Discovery is not liable for the issuance of visas and other documents or for their timely access. This does not apply if the circumstances leading to non-issuance or delayed access were caused or contributed to by Europa Discovery’s fault.
§13 Position and obligations of Europa Discovery in connection with air transport services
(1) In accordance with EU Regulation No. 2111/2005 on the establishment of a community list of air carriers, Europa Discovery is obliged to inform the passenger at the time of booking about the identity of the airline carrying out the flight. (2) If the airline carrying out the flight has not yet been determined at the time of booking, Europa Discovery will provide the customer with the information available from the intermediary company regarding the airline that is likely to operate the flight. In the event of a change of airline, the customer will be informed immediately. (3) The community list of air carriers banned from operating within the European Union can be accessed at http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm and www.lba.de. (4) The contractual relationship between the customer and the airline is subject to the applicable provisions of the German Air Transport Act, the Warsaw and Montreal Conventions and, to the extent directly applicable, domestic legal provisions, including: • Regulation (EC) No. 261/2004 on passenger rights in air transport • Regulation (EC) No. 2111/2005 on the establishment of a community list of air carriers banned from operating in the community and on informing passengers of the identity of the operating air carrier • Regulation (EC) No. 1107/2006 of the European Parliament and of the Council on the rights of disabled persons and persons with reduced mobility when travelling by air (5) Customers are strongly advised to inform themselves about their rights as air passengers, for example through the information available at airports, from the operating airline or through information leaflets from the Federal Aviation Office at www.lba.de.
§14 Documents
(1) Both the travel customer and Europa Discovery are obligated to check the accuracy and completeness of contract and other documents provided by the mediated package tour operator, particularly booking confirmations, flight tickets, hotel vouchers, visas, insurance policies, and other documents related to the mediated package tour, in relation to the booking and the mediation contract. (2) If documents related to the mediated package tour are not directly transmitted to the travel customer by the mediated package tour operator, Europa Discovery will provide them to the travel customer by electronic means, unless the travel customer is entitled to receive a paper travel confirmation according to Art. 250 § 6 para. 1 sentence 2 EGBGB.
§ 15 Obligations of the Travel Customer
(1) The travel customer must inform Europa Discovery immediately of any errors or deficiencies in the mediation activity as soon as they become apparent, particularly incorrect or incomplete personal travel customer data, other information, advice, and documents related to the mediated package tour, as well as incomplete mediation services (e.g. missing bookings or reservations). (2) If the travel customer does not report any errors or deficiencies according to § 15.1, the following applies: a) If the travel customer did not report an error or deficiency through no fault of their own, their claims will not be forfeited. b) Claims of the travel customer against Europa Discovery will be forfeited to the extent that Europa Discovery can prove that the travel customer would not have suffered any damage, or not in the amount claimed, if the travel customer had reported the error or deficiency promptly. This applies particularly if Europa Discovery can demonstrate that prompt reporting by the travel customer would have enabled Europa Discovery to remedy the defect or reduce the damage, e.g. through rebooking, additional booking, or cancellation with the mediated package tour operator. c) Claims of the travel customer will not be forfeited in the event of non-reporting according to § 15.1 in the following cases: for damages resulting from injury to life, body, or health due to intentional or negligent breach of duty by Europa Discovery, its legal representative, or its agents for claims for compensation for other damages resulting from intentional or grossly negligent breach of duty by Europa Discovery or a legal representative or agent of the travel intermediary for breach of a material obligation, the fulfilment of which is essential for the proper execution of the mediation contract or whose violation jeopardizes the achievement of the contract purpose. Liability for booking errors under § 651x BGB remains unaffected. (3) In their own interest, the travel customer is kindly requested to inform Europa Discovery of any special needs or limitations regarding the requested package tour.
§ 16 Obligations of the Travel Intermediary in the Event of Complaints by the Travel Customer Against the Mediated Package Tour Operators.
(1) Europa Discovery is authorized by the tour operator to receive reports of defects and other statements by the travel customer regarding the provision of the package tour. Europa Discovery will promptly notify the tour operator of such statements made by the traveler. The travel customer can also inform Europa Discovery, through whom he/she booked the package tour, of reports of defects and other statements regarding the provision of travel services by the tour operator. (2) There is no obligation for Europa Discovery to advise the travel customer on claims against the mediated package tour operators regarding the type, scope, amount, claim requirements and deadlines to be observed or other legal provisions. (3) Despite prompt forwarding, Europa Discovery recommends that appropriate statements be made directly to the tour guide or contact point of the tour operator to avoid time loss.
§ 17 Information on Insurance
(1) Europa Discovery points out the possibility of taking out travel cancellation insurance when booking in order to minimize the risk of costs in the event of cancellations by the travel customer. (2) The travel customer is also advised that travel cancellation insurance usually does not cover the damage that may arise from the interruption of the use of the package tour after it has started, even if it is not his/her fault. Travel interruption insurance should be taken out separately as a rule. (3) In addition, Europa Discovery recommends ensuring adequate foreign health insurance coverage when traveling abroad. (4) When mediating travel insurance, the travel customer is informed that the insurance conditions of the mediated travel insurances may contain special contractual conditions and/or obligations of the travel customer, in particular exclusion of liability (e.g. for pre-existing conditions), the obligation to cancel immediately in the event of travel cancellation insurance, deadlines for reporting damages, and deductibles. Europa Discovery is not liable to the extent that he/she has not provided incorrect information regarding the insurance conditions and the mediated travel insurer has a right to refuse performance vis-à-vis the travel customer due to effectively agreed insurance conditions.
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Common Rules as Tour Operator and Travel Agent for Package Tours
§ 18 Liability
A Europa Discovery as Tour Operator
(1) The contractual liability of Europa Discovery as a tour operator for damages other than personal injury is limited to three times the travel price, unless Europa Discovery has caused the damage intentionally or through gross negligence.
(2) Excursions, transportation services, sports activities, and rental cars offered and booked locally by the local tour guide or other persons at the holiday destination are not part of the package travel contract between the traveler and Europa Discovery. Europa Discovery is not liable for such services. (3) Claims for damages against Europa Discovery as the tour operator are limited or excluded to the extent that, due to international agreements or legal provisions based on such agreements, a claim for damages against the service provider only arises or can be asserted under certain conditions or restrictions, or is excluded under certain conditions. Reference is made to the legal provisions of § 651p II of the German Civil Code.
B. Europa Discovery as a travel agent (4) To the extent that Europa Discovery as a travel agent has not assumed a corresponding contractual obligation by express agreement with the traveler, Europa Discovery is not liable for the traveler’s booking requests or for the conclusion of contracts with the travel companies to be mediated. (5) Unless Europa Discovery has expressly assumed warranty and liability for the services mediated itself, Europa Discovery is not liable for defects in the mediated travel or for personal or property damage incurred by the traveler in connection with the mediated travel service. The liability agreed under paragraphs 1-3 applies exclusively to liability under the mediation contract.
§ 19 Data protection
(1) The traveler expressly agrees to the electronic processing of his or her personal data within the framework of the following regulations. Traveler data will be treated absolutely confidentially. The data communicated by the traveler will be used exclusively for the proper execution of the service. The data will not be passed on to third parties. (2) The separate data protection regulations on the Europa Discovery website at the following link apply: [LINK]
§ 20 European dispute resolution
(1) We inform you about the online dispute resolution in accordance with Art. 14 (1) ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which can be found at https://ec.europa.eu/consumers/odr. Here, you can enter into out-of-court settlement of consumer disputes arising from online contracts. (2) We are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.
§ 21 Means of payment for online bookings, due date
(1) All prices in our online shop include the currently applicable value-added tax, if applicable. (2) Payment can be made using the payment methods specified by Europa Discovery on the website.
§ 22 Choice of Law and Jurisdiction
(1) The contract and the legal relationship between the travel customer and Europa Discovery are governed exclusively by German law. (2) To the extent that, in the case of claims by the travel customer against Europa Discovery abroad, the liability basis is not governed by German law, exclusively German law shall apply with regard to the legal consequences, such as the nature, scope, and amount of the travel customer’s claims. (3) The place of jurisdiction for Europa Discovery is the company headquarters in Düsseldorf. (4) For claims by Europa Discovery against the travel customer, the customer’s place of residence is relevant, unless the claim is against fully qualified merchants or persons who have no general place of jurisdiction in Germany, or against persons who have moved their residence or habitual abode abroad after the conclusion of the contract or whose residence or habitual abode is not known at the time the claim is filed. In these cases, the headquarters of Europa Discovery is relevant. (5) These agreements do not apply if international agreements that are applicable to the package travel contract between the travel customer and Europa Discovery contain provisions that are not waivable and that are more favorable to the travel customer, or if and to the extent that provisions applicable to the package travel contract in the EU member state to which the travel customer belongs are more favorable to the travel customer than the provisions in these GTC or the applicable German regulations.
§ 23 Choice of Law and Jurisdiction
(1) Subject of the Terms and Conditions and Organizer
These terms and conditions govern the conditions for participation in the giveaway, as well as any necessary rights transfers. The description and procedure of each respective giveaway will be provided within the context of the corresponding giveaway campaign on the organizer’s website https://europe-discovery.de/.
The organizer of the giveaway is:
Europa Discovery Königsallee 19 40212 Düsseldorf Germany
By participating in the respective giveaway, these terms and conditions are accepted.
(2) Participation
Participation in the giveaway by Europa Discovery, hereinafter referred to as the organizer, is free of charge and is exclusively subject to these terms and conditions. To participate in the giveaway, filling out and submitting the participation form is required. Participation is only possible during the participation period. Submissions received after the deadline will not be considered in the drawing.
The participation in the giveaway is possible from 01.08.23 at 00:00 o’clock until 01.10.23 at 00:00 o’clock. Within this period, users have the opportunity to participate in the giveaway.
(3) Eligibility to Participate
Eligible to participate are natural persons who have reached the age of 18. Furthermore, a valid residence permit for the country in which the tour is conducted is required. Participation is not limited to customers of the organizer and does not depend on the purchase of a product or service. If a participant is legally incapacitated, the consent of their legal representative is required.
Not eligible to participate in the giveaway are all persons involved in the conception and implementation of the giveaway as well as employees of the organizer and affiliated companies, as well as their relatives. Participation with fake identities or with the identities of third parties is not allowed.
Each participant is only allowed one submitted entry in the giveaway. It is strictly forbidden to use multiple addresses or profiles to increase the chances of winning. Furthermore, the organizer reserves the right to exclude individuals from participation at their own discretion if there are justified reasons. Such reasons include, in particular:
Manipulations in connection with access to or implementation of the giveaway Violations of these terms and conditions Unfair conduct False or misleading information in connection with participation in the giveaway. If the excluded participant has already been drawn as a winner, the prize can be revoked subsequently.
(4) Prizes, Prize Notification, and Prize Delivery
Among all eligible participants, the following prizes will be raffled:
An adventure tour through the Alps OR Croatia with our vehicles. The duration of the tour (3, 5, or 7 days, depending on the tour itself and cannot be predetermined in advance) Travel expenses are not included. An adventure tour through the Alps OR Croatia with the winner’s own vehicle. The duration of the tour (3, 5, or 7 days, depending on the tour itself and cannot be predetermined in advance) Travel expenses are not included. The winners will be determined within one week after the end of the participation period in a random drawing among all participants.
The participants who are winners of the drawing will be informed about the prize via a separate email in a timely manner. The prize will be handed over exclusively to the participant who has won or to the legal representative of an incapacitated participant.
An exchange, transfer, self-collection, or cash payment of the prize is not possible. The organizer will cover any shipping costs incurred for the delivery of the prizes.
The organizer is not responsible for delivery damages. Any additional costs associated with the use of the prize will be borne by the winner. The winner is responsible for any potential taxation of the prize. If the winner does not respond after being requested to do so twice within a period of 3 weeks, the claim to the prize expires. In this case, the organizer is entitled to conduct an alternative drawing and transfer the prize to another participant.
Only one prize is possible per participant. If circumstances arise that the organizer is not responsible for, the respective winner accepts a reasonable alternative prize. Such circumstances not attributable to the organizer include, in particular, those lying with the sponsors of the prizes.
The achieved prize is valid until the end of the year 2024.
(5) Termination of the Giveaway
The organizer reserves the right to terminate the giveaway at any time, even without observing deadlines and without prior notice or statement of reasons, in whole or in part, or to modify its course if it is not possible to guarantee a proper and orderly execution of the giveaway for technical or legal reasons.
(6) Data Protection
For participation in the giveaway, the provision of personal data (first and last name, email address) is necessary. The participant assures that the information provided about them, in particular, first and last name, email address, is truthful and accurate.
The organizer is responsible for the collection, processing, and use of personal data of the participants. The organizer will only use the participant’s personal data within the scope of the legal provisions of data protection law. The organizer points out that all personal data of the participant will not be passed on to third parties or provided to them for use without consent.
The organizer will only store, process, and use the information to the extent necessary for the execution of the giveaway or if consent from the participant is given.
(7) Applicable Law
Questions and complaints related to the giveaway are to be addressed to the organizer. The giveaway of the organizer is exclusively subject to the law of the Federal Republic of Germany. Legal recourse is excluded.
(8) Severability Clause
If a provision of these terms and conditions is or becomes wholly or partially ineffective, this shall not affect the validity of these terms and conditions as a whole. Instead of the ineffective provision, the legally permissible regulation that comes closest to the economic purpose expressed in the ineffective provision shall apply. The same applies in the event of a regulatory gap in these terms and conditions.
