General Terms and Conditions – Abenteuer Albanien

We would like to take this opportunity to inform you about our General Terms and Conditions, which, insofar as they have been effectively agreed, form an integral part of the package travel contract concluded between you and us within the meaning of Section 651a of the German Civil Code (BGB). Please take the time to read through the terms and conditions at your leisure. If you have any questions, we will be happy to answer them.

1. Formation of the package tour contract

1.1 By registering for the trip, the customer makes a binding offer to Abenteuer Albanien to conclude a package tour contract. Registration can be made in writing, electronically, verbally or by telephone. The contract is concluded upon acceptance by Abenteuer Albanien. Acceptance does not require any specific form. Upon or immediately after conclusion of the contract, Abenteuer Albanien will provide the travel customer with a travel confirmation on a permanent data carrier.

1.2 If the content of the travel confirmation differs from the content of the registration, this constitutes a new offer from Abenteuer Albanien, to which Abenteuer Albanien is bound for a period of 10 days. The contract is concluded on the basis of this new offer if the customer expressly declares acceptance within the binding period or makes a down payment or pays the travel price.

1.3 The customer is responsible for all contractual obligations of fellow travellers for whom he makes the travel booking, as for his own, provided that he has assumed this obligation by express and separate declaration.

2. Payment

2.1 Upon receipt of the booking confirmation, the following deposits per person are to be paid:

Travel arrangements up to EUR 1999 Deposit of EUR 500.

Travel arrangements between EUR 2000 and EUR 2499 Deposit of EUR 800.

Travel arrangements from EUR 2500 Deposit of EUR 1000.

For individual travel services for which Abenteuer Albanien must make full advance payments to its service providers shortly after booking the trip (e.g. flights at special rates, seat reservations, admission tickets, etc.), full payment may be due. Abenteuer Albanien will inform the customer of this before the contract is concluded.

2.2 The balance of the travel price is due 8 weeks before departure, provided that the trip can no longer be cancelled in accordance with clause 5.1. For last-minute bookings (less than 4 weeks before departure), the travel price is due immediately, unless cancellation is no longer possible in accordance with Section 5.1. If cancellation is possible in accordance with Section 5.1, the remaining payment is only due at the end of the cancellation period, but no earlier than 8 weeks before departure.

2.3 Payments can be made in cash, by bank transfer, PayPal, EC card or credit card (Visa, Mastercard).

2.4 If the customer is in default of payment of the travel price in part or in full, the tour operator is entitled, after issuing a reminder and setting a deadline, to withdraw from the contract and demand compensation in accordance with Section 6.3.

2.5 Travel documents: Unless otherwise agreed, the documents will be handed over or sent to you after receipt of your payment for the entire invoice amount, no later than 30 days before the start of the trip.

3. Changes to services and prices

3.1 Changes to individual travel services from the agreed content of the package travel contract that become necessary after conclusion of the contract and that were not brought about by Abenteuer Albanien in bad faith are only permitted if the changes are not significant and do not affect the overall nature of the booked trip. Specified transfer and flight times are subject to change, unless this unreasonably interferes with an agreed night’s rest. In the case of air travel, the airlines named in connection with the flight are subject to change, unless a specific airline has been expressly agreed in the contract.

3.2 A declaration of changes to travel services can only be made before the start of the trip. Abenteuer Albanien is obliged to inform the travel customer of any changes on a permanent data carrier as soon as it becomes aware of the reason for the change.

In the event of a significant change to the contract, Abenteuer Albanien will also inform the travel customer of the effects of the change on the travel price. Significant changes cannot be made without the consent of the travel customer.

3.3 Abenteuer Albanien reserves the right to change the agreed travel price in the event of an increase in transport costs (fuel and other energy sources), an increase in taxes and other charges for agreed travel services, such as tourist taxes, port and airport charges, or a change in the exchange rates applicable to the trip in question, as follows:

a If, after conclusion of the contract, the transport costs, in particular fuel costs (or other energy sources), increase, Abenteuer Albanien may increase the travel price as follows:

aa A seat-related increase may be passed on to the customer and charged on a pro rata basis.

ab In other cases, the additional (increased) transport costs charged by the transport company per means of transport shall be divided by the number of seats or beds in the means of transport. Abenteuer Albanien may demand the increase calculated in this way for the individual seat from the travel customer.

b If the charges existing at the time of conclusion of the package travel contract, such as port or airport charges and tourist taxes, are increased vis-à-vis Abenteuer Albanien, this increase may be passed on to the travel customer on a pro rata basis.

c In the event of a change in exchange rates after conclusion of the package travel contract, the travel price may be increased to the extent that the trip becomes more expensive for Abenteuer Albanien.

d If there is a subsequent change to the travel price, Abenteuer Albanien must inform the travel customer immediately on a durable medium. The travel customer must be informed no later than 20 days before the start of the trip.

3.4 In the event of a significant change to an essential travel service or a price increase of more than 8% for the reasons stated above, the customer is entitled to withdraw from the contract free of charge or to request participation in a replacement trip if Abenteuer Albanien offers one.

3.5 The travel customer is entitled to a price reduction if the corresponding costs (clause 3.3) decrease or change and this results in lower costs for Abenteuer Albanien.

3.6 Significant changes to the contract and a price increase of more than 8% are only permitted with the consent of the travel customer. Abenteuer Albanien shall inform the travel customer of any changes to the contract, including the reasons, on a durable medium without undue delay after becoming aware of the reason for the change. Abenteuer Albanien may require the travel customer to accept the offer of a significant change to the contract or a price increase of more than 8% within a reasonable period specified by Abenteuer Albanien or to declare their withdrawal from the contract. After expiry of the period specified by Abenteuer Albanien, the offer of a significant change to the contract or a price increase of more than 8% shall be deemed accepted. Abenteuer Albanien may also offer the travel customer participation in a replacement trip when offering a significant change to the contract or a price increase of more than 8%.

4. Cancellation by the customer, replacement traveller and important insurance policies

4.1 The travel customer may withdraw from the trip at any time before the start of the trip. The date of receipt of the withdrawal notice by Abenteuer Albanien is decisive. The travel customer is advised to declare their withdrawal in writing.

4.2 If the travel customer withdraws from the package travel contract (cancellation) or does not commence the trip, Abenteuer Albanien loses its claim to the travel price but may demand lump-sum compensation. The compensation claim shall be calculated taking into account the following lump-sum compensation amounts.

Return Policy

Cancellation Notice & Refunds:

• 60+ days before departure: 75% refund of the total package price.
• 30-59 days before departure: 50% refund of the total package price.
• 0-29 days before departure (or no-show): No refund (100% cancellation fee).

Trip Cancellation by Operator: If we cancel the tour due to unforeseen circumstances, a 100% refund or credit for a future tour will be issued.

Refund Process: Approved refunds will be processed back to the original payment method within 7-10 business days.

Exceptions to the flat rates:

If individual services are listed separately in the price of the travel contract (flights at special rates, seat reservations, deposits for car hire, admission tickets) and Abenteuer Albanien has to pay these to its service providers and receives no or only partial reimbursement from them in the event of cancellation by the customer, the cancellation fee for the individual service will be 100% or the costs incurred by Abenteuer Albanien, as proven by receipts. only a partial refund from its service providers, the cancellation costs for the individual service shown shall be 100% or the costs incurred by Abenteuer Albanien, which must be proven and quantified. The above-mentioned flat-rate compensation shall apply to the remaining travel price.

The date of receipt of the cancellation notice shall be the decisive date for the calculation.

The customer is free to prove to Abenteuer Albanien that Abenteuer Albanien has incurred no or significantly less damage than the cancellation costs claimed. If the damage incurred by Abenteuer Albanien is lower or if the flat rates are not applicable, Abenteuer Albanien will calculate its damage specifically by deducting the value of the expenses saved by Abenteuer Albanien and the amount that Abenteuer Albanien acquires through other use of the travel services from the travel price.

In the event of withdrawal, Abenteuer Albanien is obliged to refund the travel price immediately, less the compensation claim.

4.3 If the cancellation is made by the customer because of unavoidable, extraordinary circumstances at the destination or in its immediate vicinity which significantly impair the performance of the package tour or the transport of persons to the destination, Abenteuer Albanien shall not be entitled to claim compensation and shall refund the travel price to the customer immediately.

4.4 Until the start of the trip, the customer may request that a third party take over their rights and obligations under the package tour contract.

Abenteuer Albanien may object to the entry of the third party if they do not meet the special travel requirements or if their participation is contrary to legal regulations or official orders.

In the event of a transfer of the contract, the original customer and the replacement participant shall be jointly and severally liable for the travel price and any additional costs incurred by the entry of the third party.

Abenteuer Albanien shall provide the customer with proof of the additional costs incurred by the entry of the replacement traveller.

4.5 We recommend that you take out travel cancellation insurance and insurance to cover the costs of assistance, including repatriation in the event of accident, illness or death.

4.6 For individual travel offers, a processing fee of EUR 80 per person and enquiry, up to a maximum of EUR 200, will be charged.

5. Cancellation by Abenteuer Albanien (failure to reach the minimum number of participants, etc.)

5.1 Abenteuer Albanien may withdraw from the travel contract up to 28 days before departure if the advertised minimum number of participants is not reached, provided that

a the minimum number of participants is specified in the pre-contractual information and travel advertisement, as well as the date by which the travel customer must receive the cancellation notice before the contractually agreed start of the trip, and

b this information is clearly indicated in the travel confirmation or in the offer.

Withdrawal must be declared no later than the date specified to the customer in the pre-contractual information and the travel confirmation. If Abenteuer Albanien withdraws from the trip, the customer shall be refunded any payments made towards the travel price without delay.

5.2 Reference is made to the statutory right of withdrawal available to Abenteuer Albanien due to unavoidable, extraordinary circumstances.

6. Obligations of the customer

6.1 The customer must inform the tour operator immediately if they have not received the necessary travel documents (airline tickets, service vouchers and travel information) within the specified period before departure or if these are incomplete or incorrect. The customer is obliged to check the travel documents for accuracy and completeness immediately upon receipt.

6.2 The customer is obliged to cooperate within the scope of the statutory provisions in the event of service disruptions in order to avoid or minimise any damage.

6.3 If travel services are not provided in accordance with the contract, the customer may demand remedial action. The customer is obliged to notify the tour operator immediately of any travel deficiencies that occur. The notification must be made to the tour guide on site, whose contact details are provided in the travel documents. If a tour guide is not available or cannot be reached, any travel deficiencies must be reported to the tour operator at its registered office (see section 22 for address).

6.4 Contractual claims for reduction (§ 651m BGB) and claims for damages (§ 651n BGB) are excluded if the customer culpably fails to report the defects. The local tour guide is responsible for remedying the situation, if possible. However, they are not authorised to acknowledge any claims made by the customer.

6.5 If the customer wishes to terminate the travel contract due to a travel defect of the type described in Section 615i BGB in accordance with Section 615l BGB or for an important reason recognisable to the tour operator, they must first set the tour operator a reasonable deadline. This shall not apply if remedial action is impossible or refused by the tour operator or if the immediate termination of the contract is justified by a special interest of the customer that is recognisable to the tour operator.

6.6 Claims in cases of non-transport, cancellations and delays under EU Regulation No. 261/2004 must be addressed exclusively to the operating airline.

Insurance

Unless otherwise stated, no insurance is included in the travel price. The tour operator expressly recommends that the customer take out the following insurance policies:

• Travel cancellation insurance,
• luggage insurance,
• travel interruption insurance,
• travel accident insurance,
• travel health insurance.

7. Rental cars

7.1. Car types/equipment:

A: Toyota Aygo or similar, air conditioning

B: Volkswagen Golf or similar, air conditioning

C: VW Passat or similar, air conditioning

D: Mercedes ML or similar, air conditioning

Minimum rental period: 7 days

Age: 25 years (max. 72 years); 1 year driving experience. For drivers under the age of 25 and over the age of 72, a fee of €10/day (plus VAT) will be charged due to a higher insurance premium.

7.2 Insurance conditions

Third-party liability insurance: personal injury and property damage up to €1,000,000

Comprehensive insurance and damage insurance (excluding tyres, glass, roof, underbody): (depending on category, excess of €250 – €400), without excess +€10/day

Theft insurance: Included (except for items inside the car)

Deposit: by credit card of the main driver (Visa / Mastercard)

Additional driver information: 1 additional driver included, additional drivers €4/person/day

Child seat fees: 1 child seat and baby seat per booking free of charge

GPS or USB connection for mobile phone: Included

Pick-up/drop-off: Airport or hotel

7.3 Other

24-hour breakdown service

24-hour customer service

Rental prices are based on a period of 24 hours from the start of the rental.

Insurance cover is based on local legal provisions and contract terms and conditions.

A fee of £100 applies for one-way rentals.

The car must be returned cleaned and with the same fuel level as when it was picked up. (Otherwise, cleaning costs of €10 must be paid on site).

When booking a rental car, all flight information must be provided. Changes to flight times must be reported immediately.

8. Liability

8.1 The contractual liability of Abenteuer Albanien for damages that are not physical injuries is limited to three times the travel price, provided that the damage was not caused by Abenteuer Albanien.

8.2 Excursions offered and booked on site by the local tour guide or by other persons acting on their own behalf at the holiday destination (including theatre visits, sporting events, etc.), transport services, sporting activities and rental cars (including motorcycles) are not included in the package travel contract between the travel customer and Abenteuer Albanien; Abenteuer Albanien accepts no liability for such services.

8.3 Any claim for damages against Abenteuer Albanien is limited or excluded to the extent that, based on international agreements or legal provisions based on such agreements that apply to the services to be provided by a service provider, a claim for damages against the service provider can only arise or be asserted under certain conditions or restrictions or is excluded under certain conditions.

9. Obligation of the travel customer to cooperate

The travel customer is obliged to cooperate within the scope of the statutory provisions in the event of service disruptions in order to avoid or minimise any damage.

In particular, the travel customer is obliged to notify the local tour guide, Abenteuer Albanien or the travel agent of any complaints without delay. If the customer culpably fails to report a defect, there shall be no claim for reduction or compensation if Abenteuer Albanien was unable to remedy the defect due to the failure to report it. This shall not apply if the report is recognisably futile or unreasonable for other reasons.

Damage to or delays in the delivery of checked baggage during air transport should be reported immediately at the airport by means of a written damage report to the airline responsible.

9.1 Personal requirements

It is essential that you adapt to the customs and practices of foreign countries when travelling. The tour guide may exclude participants who seriously disrupt the group or do not comply with the rules of the country visited from participating in the tour. This applies in particular to instructions given by the local guide or mountain guide, which must be followed immediately and without reservation. Any return travel costs incurred shall be borne by the participant and the tour price paid will not be refunded.

9.2 Health requirements

Good health is a prerequisite for participation in a hiking tour. Please also note the performance level advertised on our website. If a participant does not meet the requirements or selects a performance level that is too high, the tour guide is authorised to refuse participation in the hikes. Where possible, an alternative programme will be offered at the participant’s expense. Any return travel costs shall be borne by the participant and the travel price paid will not be refunded.

9.3 Liability and compensation

For high-altitude tours, Albanien Reisen works with mountain guides and professional partners who are subject to local laws and regulations. By making your booking, you acknowledge the risks involved in hiking and outdoor activities. When hiking in the terrain and, if applicable, off marked trails, you will encounter border areas that are never predictable. Abenteuer Albanien is not liable for accidents that are not due to gross negligence. Claims are excluded in such cases. In particular, Abenteuer Albanien is not liable if the contract cannot be fulfilled or can only be fulfilled in part and this is due to the following causes:

a) omissions on your part before or during the trip;

b) unforeseeable or unavoidable omissions by a third party who is not involved in the provision of the contractually agreed service;

c) force majeure, weather conditions or an event that Abenteuer Albanien and its service providers could not foresee or avert despite exercising due care. In such cases, Abenteuer Albanien shall not be liable for any damages.

10. Duty of assistance of Abenteuer Albanien

If the customer finds themselves in difficulty, Abenteuer Albanien shall provide them with immediate and appropriate assistance. In such a situation, the customer is advised to contact the tour guide or Abenteuer Albanien immediately using the contact details provided in section 17.

11. Registration of claims, limitation period and prohibition of assignment

11.1 Claims against Abenteuer Albanien for non-contractual performance of the trip must be submitted to the address specified in section 17. Claims against Abenteuer Albanien may also be submitted via the travel agent. It is recommended that claims be submitted in writing.

Special deadlines apply to the registration of damage to luggage and delays in luggage delivery in connection with air travel. Damage to luggage must be reported within 7 days, and damage caused by delays within 21 days of the luggage being handed over.

11.2 Claims by the customer for travel defects shall become statute-barred after two years. The limitation period shall commence on the day on which the package tour should have ended according to the contract.

12. Passport, visa and health regulations

12.1 The customer is responsible for complying with all passport, visa and health regulations that are important for the execution of the trip. All disadvantages, in particular the payment of cancellation costs, arising from non-compliance with these regulations shall be borne by the customer, unless they are due to culpable misinformation or non-information on the part of Abenteuer Albanien.

12.2 Covid: Health checks are to be expected on arrival. Under certain circumstances, a health form may also have to be completed. Problems may arise if travellers show symptoms of illness. Affected travellers must expect quarantine measures or entry bans. If travellers test positive for coronavirus during their trip, they must expect further measures. Information for vaccinated or recovered travellers: Travellers who can prove that they have been fully vaccinated against COVID-19 are exempt from the testing requirement. – Travellers must present proof of vaccination confirming that they received their second dose at least 14 days before entry. – Please check with your local embassy or consulate about the recognition of vaccines and certificates. Important at your destination: There are restrictions on public life. These apply until further notice. Regional variations within the country are possible at any time. – Hotels/holiday accommodation: partially open – Restaurants/cafés: open – Shops: open – Public transport: available – Masks compulsory: yes – in public and also on private transport – Ban on gatherings: yes (until further notice) – App: https://play.google.com/store/apps/details?id=com.nocovid19. su&hl=de&gl=US (https://play.google.com/store/apps/details?id=com.nocovid19.su&hl=de&gl=US) Travel warning due to COVID-19: Due to the spread of COVID-19, the Federal Foreign Office has issued a travel warning. High-risk area: Due to the spread of COVID-19, the destination area has been declared a high-risk area by the Robert Koch Institute. Entry is possible with the following travel documents: Passport The travel document must be valid for 5 months beyond the duration of your stay. Provisional passport The travel document must be valid for 5 months beyond the duration of your stay. Child’s passport The travel document must be valid for 5 months beyond the duration of your stay. Please ensure that your travel documents are complete, in good condition and have sufficient blank pages. Documents reported as lost/stolen: We advise against travelling with documents that have been reported as lost/stolen. These may still be listed as lost/stolen in the border control system, which may result in you being refused entry. Airline requirements: Please check with your airline before departure regarding the documents you need to carry with you. In individual cases, airline requirements may differ from government regulations. Minors: Minors require their own identity document and the consent of their legal guardian(s) if they are travelling alone or accompanied by only one parent. In addition, minors travelling alone or accompanied by only one parent require the following: – A notarised declaration of consent When minors leave the country, a copy of the personal details page of their passport must be presented. Travel warning: There is currently a travel warning for this destination.

No vaccinations are required. The following vaccinations are recommended upon entry: – Vaccinations in accordance with WHO recommendations for routine immunisation – Hepatitis A – Hepatitis B, for long-term stays or special exposure – Typhoid, for long-term stays or special exposure – Rabies, for long-term stays or special exposure Measles: The World Health Organisation (WHO) has declared a lack of vaccination protection against measles a threat to global health. Both children and adults should therefore check their vaccination status and complete any necessary vaccinations. Coronavirus: Due to the rising number of infections with the respiratory disease COVID-19, increased health checks and associated longer waiting times when travelling are currently to be expected. Due to cases of the disease in almost all countries worldwide, there is a general risk of infection via droplet transmission. Travellers should therefore inform themselves about the spread of the disease and possible protective measures at their destination. They should also take into account the different standards and capacities of the health systems. Final provisions Please note that health information is always dependent on the individual health of the traveller and does not replace consultation with a doctor or tropical medicine specialist. Entry, visa and vaccination requirements may change at short notice or individual exceptions may apply. Only the responsible foreign representation can make legally binding statements or provide information beyond the information provided here. Please inform yourself in good time. Data status: 01.08.2022 19:26 for customers of: Abenteuer Albanien, Industriestraße 77, 04229 Leipzig.

13. Choice of law and place of jurisdiction

13.1 The contract and the legal relationship between the travel customer and Abenteuer Albanien are governed exclusively by German law. This also applies to the entire legal relationship. Insofar as German law does not apply to the liability of the tour operator in the event of legal action taken by the customer against the tour operator abroad, German law shall apply exclusively with regard to the legal consequences, in particular with regard to the type, scope and amount of the customer’s claims.

13.2 The place of jurisdiction for Abenteuer Albanien is its registered office in Leipzig.

13.3 For legal action taken by Abenteuer Albanien against the travel customer, the place of residence of the travel customer shall be decisive, unless the legal action is directed against registered traders or persons who do not have a general place of jurisdiction in Germany, or against persons who have moved their place of residence or habitual abode abroad after conclusion of the contract, or whose place of residence or habitual abode is unknown at the time the action is brought. In such cases, the place of business of Abenteuer Albanien shall be decisive.

13.4 The provisions of Nos. 13.1 to 13.3 shall not apply if and to the extent that provisions of international agreements that are not contractually negotiable which are applicable to the package travel contract between the travel customer and Abenteuer Albanien, provide otherwise in favour of the travel customer, or if and to the extent that non-derogable provisions applicable to the package travel contract in the EU member state to which the travel customer belongs are more favourable to the travel customer than the provisions in these terms and conditions or the applicable German regulations.

14. Arbitration

Abenteuer Albanien does not participate in dispute resolution proceedings before a consumer arbitration board. If participation in consumer dispute resolution becomes mandatory after these terms and conditions have been printed, Abenteuer Albanien will inform the customer. For information purposes, the following online dispute resolution platform is recommended for package travel contracts concluded in electronic legal transactions: ec.europa.eu/consumers/odr/main/index.cfm

15. Other provisions

15.1 The invalidity of individual provisions of these terms and conditions shall not result in the invalidity of the entire terms and conditions.

15.2 These terms and conditions are valid as of February 2023.

16. Data

The personal data of Abenteuer Albanien’s travel customers is protected. The detailed data protection provisions of Abenteuer Albanien and the corresponding rights of the travel customer can be found at: abenteueralbanien.de/Datenschutz

Upon request, Abenteuer Albanien will also be happy to send the travel customer the data protection regulations in writing.

17. Tour operator

Abenteuer Albanien

Industriestraße 77

04229 Leipzig

Represented by

Dirk Pohlers

Tour operator liability insurance

HanseMerkur Reiseversicherung AG, Siegfried-Wedells-Platz 1, 20354 Hamburg, Germany.

Contact

Email: info@abenteueralbanien.de