The following General Terms and Conditions (GTC) supplement the legal regulations of Sections 651a-y of the Civil Code (BGB) and the information regulations for tour operators in accordance with Sections 4 - 11 of the Ordinance on Information and Proof Obligations under Civil Law (BGB-InfoV) and fulfill them. If a travel contract is concluded between the guest and the organizer (Johanna Welsch, Jahnallee 13, 53173 Bonn), hereinafter the organizer, these will be effectively agreed.
It is recommended that you read these travel and terms and conditions carefully before booking an offer.
Participation requirements
Depending on the tour, the trips offered by the organizer require a more or less high level of fitness and alpine skills and are therefore not suitable for everyone. The detailed travel descriptions provide information about the technical and physical level required for participation.
Anyone who is healthy, meets the requirements stated in the respective travel description and has the necessary equipment, as listed in the packing list for each tour, can take part in the tours organized by the organizer. The guest is responsible for ensuring that their own physical condition is sufficient to successfully participate in the booked tour. By registering, the guest confirms that their current state of health and physical abilities enable participation in the booked tour.
The organizer has the right, at its own discretion, to request written medical certificates from the guest to prove their suitability for the respective trip. The organizer reserves the right to refuse the registration of a guest who does not meet the necessary requirements. The organizer's guided hiking tours are not suitable for guests with limited mobility.
Minors must be accompanied by a legal guardian to participate in a tour. The duty of supervision lies with the accompanying legal guardian and he/she ensures that the minor meets the requirements of the tour and fulfills his/her obligation to provide all necessary information to the organizer.
Obligation to provide information
The guest has to inform the organizer at the time of booking and before the start of the tour of any health problems or restrictions that could limit participation in the tour, as well as the use of medication.
Conclusion of contract
The organizer's offer is non-binding and is based on the corresponding travel description. Registration can be made by email or via the online booking form and is considered binding. A reservation by telephone is not possible. The guest is responsible for the accuracy and completeness of his/her information. The contract is concluded with the electronic order confirmation from the organizer and with the scope of services specified therein. The final contract is in English or German.
Payment
After conclusion of the contract, a deposit of 25% of the travel price is due, which must be transferred by the guest to the organizer's bank account within 7 working days of receiving the order confirmation. The remaining amount must be transferred 30 days before the start of the trip. Once the entire price has been received, the security certificate for package tours in accordance with Section 651r of the German Civil Code (BGB) will be issued. If the contract is concluded less than 30 days before the start of the trip, the travel price is due immediately and in advance without deductions within 7 working days of the invoice being issued.
If payment is not made, is not made on time or is not made in full, the organizer is entitled to withdraw from the travel contract after issuing a reminder with a deadline and to demand the incurred cancellation costs.
Withdrawal and cancellation
The guest can withdraw from the contract before the start of the trip. Withdrawal must be declared to the organizer in writing.
Depending on the time of the written declaration of withdrawal, the customer will incur the following cancellation fees depending on the travel price or offer price:
For trips in the “Europe” category:
- From 90 days before the start of the trip: 30%
- From 30 days before the start of the trip: 60%
- From 10 days before the start of the trip: 70%
- From 4 days before the start of the trip or no-show: 100%
For trips in the “Alps” category:
- From 90 days before the start of the trip: 15%
- From 30 days before the start of the trip: 30%
- From 10 days before the start of the trip: 70%
- From 4 days before the start of the trip or no-show: 100%
For trips in the “Worldwide” category
- From 90 days before the start of the trip: 5%
- From 30 days before the start of the trip: 50%
- From 10 days before the start of the trip: 70%
- From 4 days before the start of the trip or no-show: 100%
If a guest is unable to start the booked trip, it is possible for a third person to take his/her place, provided that the guest meets the stated participation requirements. In this case, the claims and obligations arising from the contract concluded with the guest are transferred to the replacement person; Section 651e of the German Civil Code (BGB) applies accordingly. If a rebooking is accepted by the organizer, a processing fee of €50 will be charged.
If a guest discovers during the trip that the demands of the trip are too high and for this reason the guest cancels the trip or does not use individual travel services, there is no entitlement to a partial or complete refund of the travel price.
The organizer is not liable for accommodation or travel costs incurred by the guest for this reason. The guest's legal right to provide a replacement in accordance with Section 651e of the German Civil Code (BGB) remains unaffected by the above conditions.
The organizer therefore recommends taking out travel cancellation and trip interruption insurance.
Withdrawal by the organizer
Due to weather conditions, only the organizer can cancel a tour. An offer can be canceled due to weather conditions no later than three days before the scheduled start date. In this case the tour will be rescheduled to the next possible date. Alternatively, the guest receives a credit of the tour price, which will be credited towards the tour price of another tour. Participation must take place within two years, otherwise the credit will expire.
The minimum number of guests per tour is generally 4 people, unless otherwise stated in the respective offer. If the minimum number is not reached, the organizer reserves the right to withdraw within the following period:
- At the latest 30 days before the start of the trip if the trip lasts more than 14 days.
- At the latest 20 days before the start of the trip if the trip lasts more than 7 days.
- At the latest 7 days before the start of the trip for a trip duration of up to seven days.
In this case, travel payments already made will be fully refunded. A claim for damages on the part of the customer is excluded.
The organizer reserves the right to cancel a tour that is already taking place for safety reasons. In such a case, there will be no refund of the travel or offer price. This does not apply to the organizer's saved expenses or the benefits that arise from other uses of the unused service.
Further reasons for the cancellation of a tour by the organizer mean that the guest is entitled to a refund of the price already paid, unless an equivalent replacement program is offered.
Termination by the organizer
The organizer is entitled to terminate the travel contract without notice before, at the beginning or during a travel offer if, despite a word with the organizer, the guest causes lasting disruption, intentionally or negligently endangers him/herself or others through his/her behavior or if there are doubts, that the guest meets the stated requirements of the tour.
In the event of termination, the organizer retains the right to the travel price unless the guest proves that the reason for the termination did not exist. This does not apply to saved expenses or the benefits that arise from other uses of the unused service.
Reimbursement of individual services
If a guest does not use individual services that are part of the booked tour and they were offered to him/her, the guest is not entitled to a partial refund of the price.
The tour organizer may make changes due to the weather, special conditions of the area, with regard to the fitness or other requirements of the guests or other circumstances. In such a case, individual services will not be reimbursed. This does not apply to the organizer's saved expenses or the benefits that arise from other uses of the unused service.
Limitation of Liability
The guest’s claims for damages are excluded. Excluded from this are claims for damages by the guest resulting from injury to life, body, health or from the violation of essential contractual obligations, as well as liability for other damages that are based on intentional or grossly negligent actions on the part of the organizer.
Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the concluded contract. In the event of a breach of essential contractual obligations, the organizer is only liable for the foreseeable damage that is typical for the contract if this was caused simply through negligence, unless it concerns claims for damages by the guest due to injury to life, body or health.
The organizer recommends that guests take out private liability and accident insurance to protect themselves, which covers the risks of alpine or mountain hiking.
Usage of photos
Photos and videos taken by the organizer on the tours can be used for advertising purposes on the homepage and on social media (i.e. Instagram, Facebook). If this is not desired, the organizer must be informed of this in writing (by email: info(at)shantitreks.de). If no notification has been made by the start of the event, it is assumed that there is consent for the pictures to be published.
Applicable Law and Place of Jurisdiction
The law of the Federal Republic of Germany. The contract language is English. The place of jurisdiction for all disputes is the residential town of the organizer.
Final provisions (severability clause)
If provisions of these terms and conditions are ineffective, they will be replaced by an effective condition that corresponds to the meaning and purpose. The validity of the remaining provisions remains unaffected by the invalidity of individual provisions.
Status: 14.11.2023
EU Directives on Package Tours
Information on the EU Directives on Package Tours and Related Travel Arrangements
The combination of travel services offered to you is a package tour within the meaning of Directive (EU) 2015/2302. Therefore, you benefit from all EU rights that apply to parcels.
Shanti Treks has full responsibility for the correct execution of the package as a whole.
In addition, as required by law, Shanti Treks has protection to refund your payments to guarantee your repatriation in case it becomes insolvent.
Read more: EU directives on Package Tours and Related Travel Arrangements
Fundamental rights according to Directive (EU) 2015/2302:
Before concluding the package travel contract, travellers receive all essential information about the package tour.
At least one professional is always responsible for the proper execution of all tourist services included in the contract.
Travellers receive an emergency number or a contact point through which they can reach the tour operator or travel agent.
Travellers may transfer the package tour to another person after a reasonable period of time and possibly on payment of additional costs.
The price of the package tour can only be increased if certain costs increase (e.g. fuel prices) and if this is expressly provided for in the contract, and in any case no later than 20 days after the start of the package tour. If the price increase exceeds 8% of the package tour price, the traveller can withdraw from the contract. If the organizer reserves the right to increase the price, the traveller has the right to reduce the price if the corresponding costs fall.
Travellers may terminate the contract without paying cancellation fees and receive a full refund of payments if any essential part of the package, other than the price, changes significantly. If the entrepreneur responsible for the package travel cancels the package travel before the start of the package travel, travellers are entitled to a refund and, if necessary, compensation.
Travellers can terminate the contract without paying cancellation fees before the start of the package in exceptional circumstances, for example if there are serious security problems at the destination that may affect the package. – In addition, travellers may terminate the contract at any time prior to the start of the package by paying reasonable and justifiable cancellation fees.
If, after the start of the package tour, essential components of the package tour cannot be provided as agreed, suitable alternative solutions must be offered to the traveller at no additional cost. Travellers can terminate the contract without paying termination fees if the services are not provided as agreed and this significantly affects the performance of the package tour and the organizer has not remedied the defect.
Travellers also have the right to a price reduction and/or compensation in the event of non-performance or improper provision of tourist services.
The tour operator is obliged to provide assistance if the traveller is in difficulty.
If the organizer or, in some Member States, the retailer becomes insolvent, payments will be refunded. In the event of insolvency of the organizer or, if applicable, the seller after the start of the package tour and if the carriage is included in the package tour, the repatriation of the travellers is guaranteed. Shanti Treks has insolvency protection with a German insurance company – tourVers Tourist-Versicherungs-Service GmbH – the body responsible for insolvency protection. Travellers can contact the office of the relevant insurance company directly at: HanseMerkur Reiseversicherung AG, Siegfried-Wedells-Platz 1, 20354 Hamburg, Tel.: +49 (0)40/53799360.
Tour operator:
Shanti Treks
Jahnallee 13, 53173 Bonn
Geschäftsführerin:
Johanna Welsch
(Tel. +49 1573 423 1933)