Terms and Conditions (Feb. 2025)

General Terms and Conditions of GA GuidedAdventures UG (haftungsbeschränkt), Owner Kevin Oepen (hereinafter referred to as the “Operator”)

General Provisions

The following terms and conditions form part of the contract between the Operator and the customer and supplement the relevant statutory provisions.

The term ‘durable medium,’ as used in these provisions, refers to any medium that allows the recipient to store or retain a statement addressed to them in a manner that ensures accessibility for a period appropriate to its purpose, while preserving the statement’s content without alteration. This includes, but is not limited to, USB drives, CDs, DVDs, paper, emails, memory cards, and computer hard drives.

1. The Travel Contract

1.1 By making a booking, the customer is making a binding offer to the Operator to enter into a travel contract. Bookings can be made in writing, verbally, over the phone, or electronically (e.g., via email or online), after the Operator has provided the customer with all required information in accordance with Art. 250 §§ 1-3 EGBGB.

1.2 When making a booking, the person making the reservation acts on behalf of all individuals listed in the booking. This means they are responsible for meeting all contractual obligations as if they were their own, unless they have explicitly stated otherwise in a separate agreement.

1.3 The contract is concluded when the Operator accepts the offer. No specific form is required for acceptance. Upon or immediately after the contract is concluded, the Operator will provide the customer with a travel confirmation that complies with statutory requirements, either on a durable medium or, in cases governed by Art. 250 § 6 I EGBGB, in paper form.

1.4 If the confirmation differs from the original booking, this constitutes a new offer from the Operator, which remains binding for 10 days. The contract is concluded based on this new offer if the Operator has highlighted the changes and fulfilled their pre-contractual information obligations in accordance with Art. 250 §§ 1-3 EGBGB. The customer’s acceptance can be given through an explicit declaration, payment of a deposit or the full amount, or implicitly by using the service or starting the trip.

1.5 The Operator expressly points out that, under statutory provisions, there is no right of withdrawal for package travel contracts concluded at a distance (e.g., via mail, telephone calls, emails, telemedia, or online services). Only the statutory rights of cancellation and termination apply (see also Section 6). However, a right of withdrawal exists if the customer has concluded the contract for travel services under § 651a BGB outside of business premises, unless the negotiations leading to the conclusion of the contract were conducted at the customer’s prior request; in such a case, no right of withdrawal exists.

2. Payment & Deposit

2.1 To protect customer funds, the Operator has taken out insolvency insurance with

R+V Allgemeine Versicherung AG

Raiffeisenplatz 1 · 65189 Wiesbaden

Tel: 0611 533 5859 · Fax: 0611 533 4500 · Email: info@ruv.de

2.2 Upon the conclusion of the travel contract and the delivery of the security certificate pursuant to §§ 651r, 651t BGB, which clearly and understandably contains the name and contact details of the customer funds security provider, the customer is generally required to pay a deposit of 20% of the travel price, plus any costs for insurance that may be purchased. If the travel contract is based on a custom proposal, the deposit amount specified in the offer will apply instead of this general rule. For services solely mediated by the Operator, different payment terms may apply, depending on the service providers’ conditions, and the customer will be informed of these terms before the contract is concluded.

2.3 The full travel price may be requested without the delivery of a security certificate if the trip does not exceed 24 hours, does not include an overnight stay, and the travel price does not exceed 500 USD.

2.4 The deposit is due immediately after receiving the invoice and the delivery of the security certificate. The remaining balance is due 4 weeks before departure unless the trip can no longer be canceled for the reasons listed in Section 9.b. For international transfers, the customer must fully bear any additional fees for international money transfers. For bookings made less than two weeks before the trip, the full travel price is due upon receipt of the invoice and the security certificate.

2.5 Premiums for intermediary insurance, cancellation fees, processing fees, and rebooking fees are due immediately. Expenses for obtaining visas (e.g., visa fees) will be invoiced and due as soon as the customer commissions the Operator to apply for the visa.

2.6 The Operator accepts the following payment terms:

• Creditcards: Amex, Discover, Visa, MasterCard, JCB, Union Pay, Diners Club
• Paypal
• Direct Bank transfer

2.7 Travel documents will be provided or sent only after the full travel price has been paid. Until full payment is received, the Operator reserves the right to withhold performance.

2.8 If the customer does not pay the deposit and/or the balance in a timely manner, the Operator is entitled to withdraw from the travel contract after a reminder and set deadline and charge the customer cancellation fees in accordance with Section 6. The Operator reserves the right to charge the additional costs incurred due to non-payment (e.g., bank fees, return debit fees, etc.) and impose a reminder fee of €3 in case of a reminder. The customer may prove that no or significantly lower costs were incurred.

2.9 For last-minute bookings, i.e., bookings made 28 days (for +6 days trips) / 16 days (for shorter trips) or less before departure, the travel price is payable immediately upon receipt of the travel documents and the security certificate.

3. Services

3.1 The scope of contractual services is exclusively based on the service description of the Operator, the relevant details in the travel confirmation, and the information provided in accordance with Art. 250 § 3 EGBGB. Any side agreements require the Operator’s explicit confirmation on a durable medium.

3.2 Product descriptions not issued by the Operator are not binding for the Operator.

3.3 Third parties are not authorized to make promises or agreements deviating from the Operator’s terms and conditions or offers. Special customer requests must be explicitly confirmed in writing by the Operator to become part of the contract.

3.4 Services directly booked by the customer with third parties (e.g., sports events, excursions, tours, exhibitions, events, etc.) are not part of the Operator’s services.

3.5 If the Operator arranges the trip based on the “Dynamic Packaging” principle, the agreed price may differ from the offer.

4. Changes to Services

4.1 The Operator expressly reserves the right to make changes or deviations to the service description for substantial, justified, and unforeseeable reasons before the conclusion of the contract.

4.2 The Operator is obligated to inform the customer about service changes or deviations promptly in accordance with § 651f II BGB on a durable medium. In the case of a substantial change to the trip, the customer is entitled to cancel the contract without cost or to request participation in at least an equivalent trip if the Operator is able to offer such a trip without an additional charge. The customer must assert these rights promptly after receiving the notice of the change.

4.3 Any warranty claims remain unaffected if the changed services are defective.

4.4 Guide assignments can be found on the website in the relevant tour description. These assignments are non-binding and may change at any time for important reasons (e.g., availability, illness, number of participants, family matters, etc.). The traveler has no right to a specific guide unless a written agreement to the contrary has been made with the Operator.

5. Price Changes

The Operator reserves the right to change the agreed price in the event of an increase in transportation costs or charges for certain services, such as harbor or airport fees, security fees related to transportation, entry, stay, and admission fees, or a change in the exchange rates applicable to the relevant trip as follows:

5.1 If the transportation costs, particularly fuel costs, increase after the conclusion of the travel contract, the Operator may increase the travel price according to the following calculation: a) If the increase relates to the seat price, the Operator may demand the additional amount from the customer. b) In other cases, the additional transportation costs required by the transportation provider for each transport vehicle are divided by the number of seats in the agreed transport vehicle. The resulting increase for each seat can be demanded from the customer.

5.2 If charges such as harbor or airport fees, security fees related to transportation, entry, stay, or admission fees, which were in effect at the time of concluding the travel contract, increase, the travel price may be raised by the corresponding proportionate amount.

5.3 If exchange rates change after the travel contract is concluded, the travel price may be increased to reflect any additional costs incurred by the Operator as a result of the change.

5.4 In the event of a subsequent change in the travel price, the Operator must inform the customer promptly, but no later than 21 days before departure. Price increases after this point are not permitted. If the price increase exceeds 8%, the customer is entitled to withdraw from the travel contract or request participation in an equivalent trip, provided that the Operator can offer such a trip without an additional charge. The customer must assert these rights promptly after the Operator announces the price change. The customer is advised to declare this on a durable medium.

5.5 The Operator is obligated, in accordance with § 651f IV BGB, to refund any overpayment to the customer resulting from the reduction of the costs mentioned in sections 5.1–5.3, minus any administrative costs incurred.

6. Customer’s Right to Cancel

6.1 The customer may cancel the trip at any time before departure. The cancellation must be declared to the Operator. If the trip was booked through a travel agent, the cancellation may also be made to the agent. The decisive factor is the receipt of the cancellation statement. The cancellation is generally possible without formal requirements. However, the customer is advised to declare the cancellation on a durable medium.

6.2 In case of cancellation by the customer before the start of the trip, the Operator is entitled to a cancellation fee instead of the travel price (§ 651h BGB), unless the Operator is responsible for the cancellation and/or there are unavoidable, extraordinary circumstances under § 651h III BGB that significantly impact the performance of the trip or the transportation of persons to the destination. Circumstances are considered unavoidable and extraordinary if they are beyond the control of the party invoking them, and their consequences could not have been avoided even if all reasonable precautions had been taken.

6.3 The Operator may assert a lump-sum cancellation fee instead of a calculated specific compensation claim. Unless otherwise agreed in the offer, the Operator may claim the following lump-sum cancellation fees from the customer:

Weekly tours (6 days and more):

• Up to 90 days before departure: 20%
• Up to 45 days before departure: 50%
• From 44 days before departure or no-show: 95%

Weekend tours (up to 5 days):

• Up to 30 days before departure: 20%
• From 29 days before departure or no-show: 95%

Each percentage applies to the total price of the trip.

6.4 Additionally, the price of mediated services (e.g., insurance, visas) may be charged in full.

6.5 In case of a calculation under Section 6.3, the customer is free to prove that no or significantly lower costs have been incurred by the Operator.

6.6 Instead of the lump-sum fees outlined in Section 6.3, the Operator may claim a calculated compensation to cover the arrangements made for the trip and their expenses if the damage caused by the cancellation is significantly higher than the lump-sum cancellation fees. The compensation will be based on the travel price, minus any saved expenses and any alternative use of the services. In such cases, the Operator will provide a detailed calculation and justification for the specific compensation.

6.7 If the customer cannot attend the trip, they may, within a reasonable period before departure, declare on a durable medium that a third party will assume their rights and obligations under the travel contract. This declaration is deemed timely if received by the Operator no later than seven days before departure. The Operator may oppose the substitution of a third party if the third party does not meet the contractual requirements or if the substitution is not feasible. If a third party enters the contract, both the customer and the third party are jointly liable to the Operator for the travel price and any additional costs incurred due to the substitution. The Operator may only charge the additional costs if they are reasonable and actually incurred. The Operator must provide proof of the costs resulting from the substitution.

7. Rebookings

7.1 After the contract has been concluded, the customer has no right to change the travel dates, destination, departure location, accommodation, transportation mode, or airline, unless the Operator has fulfilled its pre-contractual information duties as required by Art. 250 §§ 1-3 EGBGB. If the customer wishes to change any of these details after the contract has been concluded and up to 60 days before departure, the Operator will charge the actual costs incurred per customer. Additionally, a processing fee of €30 per person is agreed.

7.2 Rebooking requests made from 59 days before departure can only be carried out if the customer withdraws from the travel contract in accordance with Section 6 and simultaneously rebooks the trip. This does not apply to rebooking requests that incur only minor costs.

7.3 Rebooking requests/changes that incur only minor costs are charged €30 per person. Minor changes include changes to meals, room categories, or similar.

7.4 If the payment details provided at the time of booking change after receipt of the travel confirmation/invoice, a flat processing fee of €10 is agreed.

7.5 Rebooking requests concerning the travel destination can only be made through withdrawal from the travel contract (cancellation) according to the terms in Section 6 and subsequent rebooking.

7.6 The customer may prove that no or significantly lower costs have been incurred by the Operator.

8. Non-Utilized Services

If the customer does not make use of certain services for reasons not attributable to the Operator, there is no entitlement to a partial refund. However, the Operator will attempt to recover the costs from the relevant service providers. This obligation does not apply to insignificant services or if a refund is prohibited by statutory or official regulations.

9. Cancellation and Termination by the Operator

The Operator may cancel the contract before the trip begins or terminate the contract after the trip has commenced in the following cases:

a) Without notice, if the customer persistently disturbs the execution of the trip despite a warning or behaves in such a manner that immediate termination of the contract is justified. If the Operator terminates the contract for this reason, the Operator retains the right to the travel price but must deduct the value of any saved expenses and any benefits obtained from the use of the unused services elsewhere.

b) If the minimum number of participants stated in the travel offer is not reached, and the travel description explicitly mentions a minimum number of participants and the deadline by which the Operator can withdraw from the contract, withdrawal is possible at the latest on the following deadlines:

• 20 days before the trip for a duration of more than 6 days
• 7 days before the trip for a duration of at least 2 and no more than 6 days
• 48 hours before the trip for a duration of less than 2 days

c) Due to unpredictable wind and weather conditions, sudden changes in weather, risky snow situations, avalanches, and other dangers that significantly impair or make the execution of the trip impossible, we reserve the right to change the program accordingly, cancel it, or even cancel before the start of the trip if the safety of the participants is at risk.

In any case, the Operator is obliged to inform the customer promptly after the condition for non-execution of the trip arises and provide the cancellation declaration immediately. Any payments already made will be refunded to the customer.

10. Liability of the Operator

10.1 The Operator is liable, under the care of a diligent businessperson, for the careful preparation of the trip, the thorough selection and monitoring of service providers, and the proper provision of the confirmed travel services based on the respective offer.

10.2 The Operator is not liable for service disruptions related to services that are not part of the travel contract and/or were directly booked by the customer without the Operator’s mediation (e.g., events, excursions, visits, etc.).

10.3 The Operator’s contractual liability for damages other than bodily injury is limited to three times the travel price, unless the damage was caused intentionally or through gross negligence, or if the Operator is responsible for the customer’s damage due to intentional or grossly negligent breaches of duty by a statutory representative or vicarious agent (e.g., service providers). Any claims exceeding this limitation due to international agreements remain unaffected.

10.4 For all claims against the Operator based on tort (excluding intentional or grossly negligent actions), liability is limited to the amount of the threefold travel price, excluding claims arising from international agreements.

10.5 If international conventions or related legal provisions apply to a service to be provided by a service provider that limit or exclude the claim for damages under certain conditions, the Operator can invoke these provisions.

10.6 If the Operator is the contractual air carrier, the liability will be governed by the provisions of the Air Traffic Act, the Warsaw Convention as amended by The Hague, or particularly the Montreal Convention. If the Operator is the contractual shipowner, liability will be determined according to the applicable international agreements (Athens Convention – AÜ – and Regulation EC No. 392/2009) or related legal provisions (e.g., the Commercial Code or the Inland Navigation Act).

10.7 The customer is responsible for participating in sports and other holiday activities. The customer should check sports facilities, equipment, and vehicles before use. The Operator is only liable for accidents that occur during sports or holiday activities if the Operator is at fault.

11. Special Provisions Regarding Alpine Hazards and Challenges

11.1 Mountain ascents and tours are conducted under the guidance of a qualified guide. However, these trips require a high degree of personal responsibility from the customer. The customer is specifically referred to the “Participation Guidelines” and the corresponding packing lists.

11.2 The guide has the discretion to modify planned tours based on the knowledge of the participants, their technical and physical capabilities, significant non-compliance with the prescribed packing lists, or unforeseen circumstances under the Operator’s care and safety obligations. The guide may also exclude participants from joining the tour.

11.3 Unforeseen circumstances related to alpine risks include, but are not limited to: avalanche & rockfall danger, extreme weather conditions, or returning due to an injury of a participant.

12. Insurance

Unless otherwise stated, insurance is not included in the travel price. The Operator strongly recommends that the customer take out the following insurance:

• Trip cancellation insurance,
• Luggage insurance,
• Trip interruption insurance,
• Travel accident insurance,
• Travel health insurance/foreign health insurance,
• Mountain search and rescue insurance.

13. Obligations of the Customer/Deadlines

13.1 The customer must immediately inform the Operator if they have not received the necessary travel documents (tickets, vouchers, and travel information) at least 5 business days before the trip. In this case, the travel documents will be sent immediately by email, provided the payment has been received by the Operator.

13.2 If travel services are not provided according to the contract, the customer can request a remedy. The customer is obligated to immediately report any defects in the trip to the Operator. The notice must be made to the tour guide on-site, whose contact details will be provided in the travel documents. If no tour guide is available or reachable, the customer must report any travel defects directly to the Operator’s office (address as stated in Section 23). If the customer fails to notify the defect, claims for price reductions (§ 651m BGB) and damages (§ 651n BGB) are excluded. The Operator may provide a remedy by offering an equivalent or higher-quality replacement service if this is reasonable for the customer. The Operator is not obligated to provide a remedy if the defect was intentionally caused by the customer or if the remedy would constitute an impermissible contract change.

13.3 If the customer wishes to cancel the contract due to a defect as defined in § 651i BGB or for another valid reason that makes continuation of the trip unreasonable, the customer must set a reasonable deadline for the Operator to remedy the situation. This does not apply if the remedy is impossible, refused by the Operator, or if immediate cancellation is justified due to the customer’s special interest.

13.4 In the event of service disruptions, the customer is obligated to do everything reasonable within their power, according to legal provisions, to contribute to resolving the disruption and to minimize any resulting damage. In particular, the customer must inform the Organizer of any potential damage.

13.5 If the customer’s luggage is lost, damaged, or delayed during air travel, the customer must immediately file a written damage report (P.I.R.) with the airline that performed the transportation. The damage report for lost luggage must be filed within 7 days, and for delays, within 21 days from receipt of the luggage. Airlines generally refuse refunds if the damage report has not been filled out. The Organizer is not liable for the loss or damage of valuables or money in checked luggage unless they were explicitly noted on the baggage claim ticket at the time of check-in. Additionally, any loss, damage, or misdirection of luggage must be reported to the Organizer or the tour guide without delay.

13.6 Claims in cases of non-transportation, cancellations, and delays under EU Regulation No. 261/2004 must be directed solely to the operating airline.

13.7 Unless otherwise stipulated in the general terms and conditions (GTC) of the respective service providers, the customer should confirm all charter or special return flights of package tours at least 48 hours before departure with the respective airline or the Organizer. In the case of package tours, this confirmation is usually carried out by the local tour guide. The terms of transportation of the respective service providers are binding.

14. Identity of the Operating Airline

Regulation (EC) No. 2111/2005 on informing passengers about the identity of the operating airline obligates the Organizer to inform the customer about the identity of the operating airline for all flights provided as part of the booked trip at the time of booking. If the operating airline is not yet known at the time of booking, the Organizer is obligated to provide the customer with the name of the airline(s) most likely to operate the flight. Once the Organizer knows which airline will operate the flight, they must inform the customer. If the airline initially identified as the operating airline changes, the Organizer must inform the customer of the change. The Organizer must promptly take all necessary steps to ensure that the customer is notified of the change as soon as possible. In the case of code-sharing, it is possible that the airline named by the Organizer may operate the flight in full or in part through affiliated airlines. The Organizer will inform the customer of this as soon as possible after becoming aware of it. This does not constitute a change in services. The “Community List” of unsafe airlines, published by the EU Commission based on Regulation EC No. 2111/2005, is available at: [http://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm](http://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm).

15. Passport, Visa, Entry, and Health Requirements

15.1 The Organizer informs the customer about the passport and visa requirements, as well as the health-related formalities necessary for the trip and stay, and the approximate duration needed for obtaining any required documents. However, the customer is solely responsible for complying with all regulations relevant to the execution of the trip. Any disadvantages arising from non-compliance with these regulations are at the customer’s expense, unless they result from incorrect or incomplete information provided by the Organizer.

15.2 To fulfill the obligation under Section 15.1, the customer is required to provide the Organizer with complete and accurate information about their nationality and the nationality of all fellow travelers, including any special circumstances such as dual nationality, statelessness, etc.

15.3 If the customer fails to comply with entry regulations of certain countries, preventing them from traveling, the Organizer may charge the customer the corresponding cancellation fees.

15.4 The Organizer is not responsible for the timely issuance and receipt of necessary visas, travel permits, and/or other documents by the relevant diplomatic representation if the customer has authorized the Organizer to obtain them, unless the Organizer has willfully violated their duties.

15.5 In addition, the regulations of the respective local service providers, which will be communicated to the customer before booking, apply.

16. Customs Regulations

The customer is obliged to observe the customs regulations of both the country being visited and their home country. The customer must inform themselves of the applicable regulations.

17. Choice of Law

The contractual relationship between the customer and the Operator is exclusively governed by German law. This applies to the entire legal relationship. If claims are made by the customer against the Operator abroad, and the law of another country is applicable, German law shall apply exclusively to the legal consequences, particularly regarding the nature, scope, and amount of the customer’s claims.

18. Jurisdiction

18.1 The customer can only sue the Operator at the Operator’s registered office. The place of jurisdiction is Sigmaringen.

18.2 For lawsuits by the Operator against the customer, the customer’s place of residence is decisive. For lawsuits against customers or contract partners of the travel contract who are merchants, legal entities under public or private law, or persons whose place of residence or habitual residence is abroad or unknown at the time of filing, Sigmaringen is agreed as the place of jurisdiction.

18.3 The above provisions do not apply if and to the extent that international agreements, which are applicable to the travel contract between the customer and the Operator, provide a different jurisdiction in favor of the customer or if non-derogable provisions of the law in the customer’s EU member state provide more favorable jurisdiction for the customer.

19. Set-Off Prohibition

The customer is not entitled to set off claims for the payment of the agreed travel price, unless the counterclaim is undisputed or legally established.

20. Data Protection

Personal data provided by the customer to the Operator will be electronically recorded, stored, processed, transmitted to service providers and/or insurers, and used as necessary for contract execution. The Operator will comply with all applicable data protection regulations.

For further details on data protection, the customer can refer to: https://huttohuttrekkingtours.com/privacy_policy/

21. Notice for Consumers

The EU online dispute resolution platform (ODR platform) can be found at http://ec.europa.eu/consumers/odr/.

The Operator is neither willing nor obligated to participate in dispute resolution procedures before a consumer arbitration body.

22. General Provisions

The invalidity of individual provisions of the travel contract and these terms and conditions does not affect the validity of the entire travel contract and these terms and conditions.

23. Operator

GA GuidedAdventures UG (haftungsbeschränkt)

Registergericht: Amtsgericht Ulm

Registernummer: HRB 749329

Owner: Kevin Oepen

Address: Schwabstraße 12; 72488 Sigmaringen; Germany

Phone: +49 162 30 74273

Email: contact@huttohuttrekkingtours.com