General Terms and Conditions (GTC) for Travel and Rentals Philipps Bike Team (PBT)/Radsport & Reise GmbH for Travel and Rentals

0. special "Corona" cancellation conditions  

Until further notice we have special cancellation conditions due to the Corona situation. These override the regular cancellation conditions from §6. Philipps Bike Team is entitled to change these conditions but not before Philipps Bike Team has informed all bookers of this in writing and after information has granted a reasonable period of time for cancellation free of charge. 

0.1 Conditions 

These "Corona Conditions" apply if, due to existing regulations, upon entry to Mallorca or return to the home country  

1. a general quarantine obligation exists for the person for whom the service has been booked. 

2. there is a general ban on travel to Mallorca from the place of departure or a general ban on entry to Mallorca applies.

Please note that cancellations can be processed during office hours Monday to Friday between 9 am and 3 pm. If none of these cases apply, our regular cancellation conditions apply. NO service fee will be charged for cancellations.  

0.2 Cancellations of rental bikes and tour programme 

Our rental bikes and tours can be cancelled free of charge up to one day before the scheduled departure. 

0.3 Cancellation of hotel bookings 

The Corona cancellation policy of our hotels is as follows: 

  • Sentido Fido Punta del Mar: can be cancelled free of charge up to 1 day before departure. 
  • JS Alcudi Mar: Cancellation free of charge up to 1 day prior to departure. 
  • Iberostar Jardin del Sol: can be cancelled free of charge up to 1 day prior to departure 
  • Las Gaviotas Suites: cancellable free of charge up to 8 days prior to departure 
  • HSM Golden Playa: can be cancelled free of charge up to 7 days before departure.

If the booking is not cancelled in due time or if the journey is not started, the fees charged by the hotel are to be borne by the customer. 

0.4 Cancellation by Philipps Bike Team 

If Philipps Bike Team is unable to provide the booked services due to Corona, the full travel price will of course be refunded!

1. Subject matter of the contract

Under the brand "Philipps Bike Team", Radsport & Reise GmbH sells bicycle tours and bicycle rentals. These General Terms and Conditions (GTC) govern the legal relationship between the customer/buyer (tour participants, only the masculine form is used in the following) and Radsport & Reise GmbH (RuR), which acts as a legal entity for the brand. For trips and rentals from 2022 onwards, Radsport & Reise GmbH is the contractual partner (RuR).

2. Contract

2.1 Conclusion of the contract

The contract between the tour participant and RuR is concluded by offer and acceptance.

The offer is usually made in writing, by telephone, electronically (online) or in person by the participant. Acceptance takes place with the booking confirmation by RuR.

From this point onwards, the rights and obligations (including payment of the participation/booking price) arising from the contract are binding for you and all other participants registered by you on the one hand and RuR on the other. The written confirmation can also be sent electronically.

2.2 Package tour

Paragraph 2.1. applies analogously to the booking of a package tour made verbally, by telephone, electronically, in writing, by e-mail or by fax.

A package tour exists if several services are booked at the same time. RuR shall issue a travel insurance shrine in accordance with the provisions of German travel law.

2.3 Passport, visas, vaccinations

Each travel participant is responsible for complying with passport and visa regulations as well as current health regulations and for obtaining the necessary personal travel and entry documents (including visas). However, we definitely recommend a visit to the relevant websites of the Foreign Office, the Health Department and the Spanish Health Department. For entry related to the new coronavirus, the official regulations for Spain are available here: https://www.spth.gob.es/.  Guidance on where all other relevant information may be found is available HERE.

If participation in a booked trip is prevented by missing documents or disregard of entry regulations, the usual cancellation regulations from §6 apply.

Visa and other entry fees shall be borne by the customer. In addition to passport and visa regulations, customs, foreign exchange and health regulations must also be observed and are the responsibility of the customer.

3. Prices

Current price lists can be found at www.radsport-mallorca.de.Prices are inclusive of VAT (unless otherwise stated) and are quoted in accordance with § 25 UStG and in EURO (EUR) or SWISS FRENCH (CHF).

3.1. Price changes

In accordance with the German Civil Code (BGB) or Civil Code (ZGB), PBP/RuR is entitled to increase the travel price agreed in the contract if the following points have a direct effect on the travel price:

  1. Increase in taxes and other charges for agreed travel services, such as tourist taxes, port or airport charges.
  2. Change in the exchange rates applicable to the package tour in question.

PBP/RuR will inform the tour member of the price increases with detailed explanations.

PBP/RuR is also obliged to grant the tour participant a reduction in the tour price at his request if and insofar as the prices, charges or exchange rates mentioned here have been reduced after conclusion of the contract and before the start of the tour and this leads to lower costs. Administrative expenses to be borne by RuR shall be taken into account in this respect.

Price increases are only permitted up to the 20th day before the start of the tour. In the event of price increases of more than 8%, the customer is entitled to either accept the change or withdraw from the contract free of charge within a reasonable period of time set by RuR. If the customer does not expressly declare his withdrawal within the reasonable period of time set, the change shall be deemed to have been accepted.

4. services

4.1 Scope / Obligation to cooperate

The basis of the offer and the booking of the client is the travel description or service description and the supplementary information of Philipps Bike Team (PBP/RuR) for the respective trip or individual service (e.g. rental), insofar as these are accessible to the client at the time of booking (also website).

The tour participants undertake to pay the (package) price agreed for the tour as well as any special services not compulsorily included in the (package) price, such as insurance premiums, security and airport taxes and fuel surcharges, at their own expense.

4.2 Changes to the scope of services

PBP/RuR reserves the right to change service descriptions in catalogues, brochures and on the Internet at any time and without prior notice. The service description at the time of booking is binding.

5. Terms of payment

5.1 Periods of payment

The total payment for travel bookings is due no later than 30 days before the start of the journey. However, a deposit of 20% of the invoice amount is due directly with the booking, after receipt of the invoice/confirmation. The travel documents will only be handed over after payment of the full invoice amount. For bookings made at short notice less than 30 days before the start of the tour, the tour price is due directly. If payment is not made on time, RuR is entitled to withdraw from the contract (after sending a reminder with a deadline). For rental bookings, the rental price is due directly with the booking.

In the case of package tours, RuR will only demand or accept payment of the tour price before the end of the package tour if the customer has been provided with the security certificate with the name and contact details of the customer's money insurer in a clear, comprehensible and prominent manner.

5.2.  Fees

We charge order flat rates for bookings made through our travel agency as follows:

Booking trip with hotel :15 EUR / 20 CHF per person.

Booking only rental bike: 10 EUR / 15 CHF per person

Online booking:  none

6 Cancellation, changes, rebooking, substitute person

6.1. Cancellation before the start of the tour

You may cancel the booked tour at any time before the start of the tour. Cancellation should be made in writing. Cancellation by e-mail is permissible. The date of receipt is decisive for the cancellation costs: the date of receipt of the cancellation by the hotel is decisive for the cancellation costs. It should be noted that RuR can only forward the cancellation during working hours (Monday-Friday until 5 p.m.).

6.2.  Cancellation costs for travel services

In the event of cancellation before the start of the trip or failure to commence the trip, RuR will charge cancellation costs as compensation for travel arrangements and expenses depending on the respective price of the trip. This applies insofar as RuR is not responsible for the cancellation. The same also applies if unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity that significantly impair the implementation of the trip.The cancellation costs depend on the time of cancellation

 

Time before departure

Costs

until 45 days

20%

from day 44 today 22

30%

from day 21 to day 15

50%

from day 14 to day 8

75%

from day 7 to day 1

80%

in case of no-show on the day of travel

100%

 In any case, the customer is at liberty to prove to RuR that no damage at all or significantly less damage has been incurred than the requested cancellation fee/flat rate.

>>>Cancellation costs for our rental bikes see 13.1.5.<<<

6.3 Travel Cancellation Insurance

We strongly recommend that you take out travel cancellation insurance when booking. We will be happy to do this on your behalf. This insurance should be taken out at the time of booking, but can be taken out later up to 30 days before the

before departure. If you book 29 days or more before departure, you must take out the insurance on the day of booking or on the following working day at the latest.

Detailed product and consumer information on Union Reiseversicherung services can be found at www.urv.de.

6.4 Changes to trips by the traveller / rebooking costs

After conclusion of the contract, the customer has no right to make changes to the date of travel, the destination, the place of departure, the accommodation, the type of board, the mode of transport or other services (rebooking).

This does not apply if RuR is responsible for the rebooking.

If a rebooking is nevertheless made at the customer's request in other cases, a processing fee may be due.

If the customer does not make use of individual travel services for reasons attributable to the customer, the customer shall not be entitled to a pro rata refund of the travel price. This does not apply if such reasons would have entitled the customer to withdraw from or terminate the travel contract free of charge in accordance with the statutory provisions.

6.5. Fees for changes and rebookings

Rebookings are only possible via our travel agency. They must be made in writing, an email is sufficient. For changes to bookings we charge a handling fee (rebooking fee) as follows:

Trip incl. hotel 30 EUR / 35 CHF per person.

Only rental bike 15 EUR / 20 CHF per person

If the total price of the changed order is higher, the fee is a flat rate of EUR 15 per person (trip incl. hotel) or EUR 10 per bike (rental bike only).

6.6. Transport of bicycles

If RuR books flights for customers in exceptional cases, the customer shall be responsible for the proper packing of the bicycle if he/she brings his/her own bicycle. Bicycles must be registered in advance with the relevant airline in the case of air travel.

6.7. Substitute person

If you are unable to take the booked trip, a substitute person may take the trip in your place, provided they meet the necessary travel requirements and conditions.

We will charge a fee of EUR 30 for this change. If third party service providers also charge rebooking fees, these will be added. The tour participant will be informed of this prior to the rebooking.

Changes to a substitute person in the case of only rental bookings are free of charge. Availability of the new required frame size is only guaranteed with a definitive change (in writing). If this is not available, the booking can be changed to an alternative bike at no additional cost. A claim always exists only for the next available category.

6.8 Cancellation of the trip

If the trip is cancelled for reasons that are not justified by a "failure to perform", no costs for unused services will be refunded. Additional costs for early return travel shall be borne by the client.

6.9 Cancellation due to failure to reach the minimum number of participants

If a minimum number of participants is stated in the tour description and this number is not reached, RuR can cancel the tour. This must be done no later than 30 days before the start of the tour. Any payments already made will be refunded.

7. cancellation due to force majeure / pandemic

If the implementation of a trip is endangered, made more difficult or even impossible before the departure date due to force majeure (epidemics, pandemics, natural disasters, political unrest at the holiday destination), official measures or due to strikes and cannot be started, RuR can also cancel the trip in the interest of the customers. Any payments already made will be refunded. 8.

8. cancellation due to disruption or behaviour contrary to the contract

PBP/RuR can terminate the contract without notice if the client disrupts the trip persistently despite a warning or if he/she behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified. This does not apply if the behaviour in breach of contract is causally attributable to a breach of RuR's duty to provide information.

The claim to the tour price remains with RuR. However, RuR must take into account the value of the saved expenses as well as reimbursements from service providers. 9.

9. Changes to the programme during the trip

Unforeseen circumstances may make it necessary to change the programme or individual services during the trip in the interest of the customer. In this case, RuR will endeavour to offer equivalent substitute services.

In the event of programme changes due to force majeure, strike, official measures, etc., contractual claims for damages are excluded. In addition, the same provisions as in section 8.1. also apply in this constellation.

10. Liability

10.1 In principle

PBP/RuR is liable for the proper fulfilment/execution of the trip or the individually booked services. RuR will reimburse you for the loss of agreed services or additional expenses incurred by you as a result, insofar as no equivalent substitute service could be offered.

RuR's contractual liability for damages that do not result from injury to life, limb or health and were not culpably caused is limited to three times the tour price. Possible claims beyond this according to the Montreal Convention or the Air Transport Act remain unaffected by this limitation of liability. We accept no liability for changes to the programme as a result of flight delays or strikes. We are also not liable for changes in the travel programme due to force majeure, official measures and delays by third parties. Liability is excluded if the non-fulfilment or incorrect fulfilment is due to omissions or to the behaviour of you or a third party who is not involved in the provision of the service, or to force majeure or events which cannot be foreseen or prevented.

PBP/RuR is not liable for service disruptions, personal injury and material damage in connection with services that are merely arranged as third-party services (e.g. arranged excursions, sporting events, exhibitions, social programmes) if these services were expressly identified as third-party services in the travel description and the travel confirmation, stating the identity and address of the arranged contractual partner, in such a clear manner that they are recognisably not part of the package tour by RuR for the traveller and were selected separately. The statutory provisions remain unaffected by this.

PBP/RuR is liable for damages that are the result of a breach of information, explanation or organisational obligations.

10.2 Third-party events

PBP/RuR accepts no liability for third-party offers which are not expressly organised by us and for which we are not responsible as the service provider.

10.3. Risk

Cycling holidays are active holidays. The exercise is at the risk of the traveller. The travellers bear a high degree of personal responsibility for the avoidance of accidents and physical damage resulting from the practice of cycling, even if you are travelling in a group with a group leader. Travellers are responsible for complying with road traffic regulations, even in a group. Wearing a helmet is a legal requirement in Spain and is compulsory on all cycling trips.

10.4 Travel guarantee / Insolvency insurance

PBP/RuR has taken out insolvency insurance with TourVERS GmbH, in accordance with § 651r of the German Civil Code. This guarantees that the amounts paid in for your trip and the costs of the return journey are secured.

11. Insurances

We recommend that you review your personal luggage and travel insurance, accident, health and hospital insurance and take out an adapted level of cover for your trip. Information can be obtained from your personal insurance representative. Detailed information at www.urv.de 

11.1 Rental bike insurance

For rented bicycles, rental bike insurance can be taken out to cover the costs in the event of damage or total loss of the bike in the event of a fall or accident. It is compulsory for certain types of bicycles. Theft and tube defects are not insured.

12. complaints/replacement claims

12.1 Duty to inform

PBP/RuR must be informed if the client does not receive the necessary travel documents (e.g. hotel voucher) within the notified period.

12.2 Measures during the trip

If you have cause for complaint during the trip, you are obliged to report this immediately and demand remedy without delay. This is a necessary prerequisite for the later assertion of claims for compensation and usually enables satisfactory remedy on the spot.

If the complaint does not lead to an appropriate solution, a confirmation is to be requested from our local representative, which records your complaint and its content. Claims for damages on site are not possible. If RuR does not offer an appropriate solution within a reasonable period of time, at the latest within 48 hours, you are entitled to remedy the defects yourself. The costs incurred as a result will be reimbursed to you against a voucher within the framework of legal and contractual liability.

If no remedy could be found due to a culpable omission of the notification of defects, the customer can neither assert claims for reduction according to

  • 651m BGB nor claims for damages according to § 651n BGB.

If the customer wishes to terminate the contract due to a travel defect of the type described in section 651i (2) of the German Civil Code (BGB), insofar as it is significant, in accordance with section 651l of the German Civil Code (BGB), the customer must first set RuR a reasonable deadline for remedial action. This does not apply if the remedy is refused to RuR or if the immediate remedy is necessary.

For information: The customer is advised that loss, damage and delay of luggage in connection with air travel must be reported by the customer to the responsible airline immediately on site by means of a damage report ("P.I.R.") in accordance with the provisions of aviation law. Airlines may refuse reimbursement on the basis of international agreements if the damage report has not been completed. In the event of damage to baggage, the claim must be submitted within 7 days, in the event of delay within 21 days of delivery.

12.3 Compensation/ Limitation period

Claims for compensation should be addressed to RuR immediately. The contractual claims listed in § 651 i paragraph (3) BGB (German Civil Code) are subject to a limitation period of two years. The limitation period begins on the day on which the tour should end according to the contract. It is recommended that claims be asserted in text form.

13. terms and conditions for the rental of bicycles from RuR

13.1 Contractual partner and duration of contract

13.1.1 Contractual partner 

When a rental bicycle (hereinafter referred to as "bicycle") is taken over, a contract is created between the renter and the lessor. The Rental Firm is obliged to provide the Hirer with a bicycle in a usable and roadworthy condition for the duration of the contract. The Hirer is obliged to pay the total hire charge in advance upon conclusion of the contract in accordance with the then valid price list.

13.1.2 Minimum age

Bicycles are only rented to persons of full age / legal capacity. The Rental Firm does not rule out the possibility that the bicycles may be ridden by minors. The responsibility for handing over the bicycle to minors / persons not of legal age is then incumbent on the respective renter of the bicycle.

13.1.3 Duration of the contract and liability for default
The rental contract for the bicycle is concluded for a fixed period of time. If there is a delay in returning the bicycle - even if this is not the fault of the Hirer - the rental agreement shall not be extended, but the Rental Firm may demand compensation for use at least in the amount of the previously agreed rent. The assertion of further damages is not excluded if the Hirer is responsible for the delayed return.
13.1.4 Early return

If a Hirer returns the bicycle before the contractually agreed end of the rental period, he/she shall in principle not be entitled to a refund. The right to extraordinary termination for good cause shall remain unaffected.

13.1.5 Cancellation conditions
In the event of cancellation of the booking or non-collection of the rental bike, RuR shall charge cancellation costs as compensation for expenses/losses depending on the respective rental price. This, insofar as RuR is not responsible for the cancellation. Cancellation costs:

Up to 100 days before the start of the trip one-off fee EUR 15.00/CHF 17.00 per bike.
From 99-45 days before departure 25%.
From 44-22 days before departure 40%
From 21-15 days before departure 60%
From 14-8 days before departure 80%
From 7 days before departure 90%
On the day of travel or in the event of non-collection 100%.

13.2 Condition, use, return Damages

13.2.1 Condition and use

The Rental Firm shall provide the Hirer with the bicycle in proper, serviceable and roadworthy condition and cleaned. The Hirer confirms that he/she has been instructed in the operation of the bicycle and has familiarised himself/herself with the technical devices. The renter is obliged to use the bicycle carefully and professionally and to observe the road traffic regulations. The Hirer is prohibited from making any modifications or other interventions on the bicycle. Exceptions (e.g. for triathletes) may be made by the hirer after consultation but at his own risk. The bicycle may not be used under the influence of drugs or alcohol.

13.2.2 Notification of damage

Damage must be reported by the Hirer at the latest after use - regardless of whether it was caused by fault or not. The cause of the damage must be described in detail. If damage results in the bicycle no longer being fit for use, the Rental Firm shall provide the Hirer with an equivalent bicycle as a replacement. Any liability pursuant to Clause 13.3 shall remain unaffected.

13.2.3 Exchange

A fee of up to € 10 may be charged for exchanging the bicycle, unless the exchange becomes necessary due to a defect for which the Rental Firm is responsible. If a change is made to a higher price category, the difference must be paid. If a change is made to a lower category, there is no entitlement to a refund of the difference.

13.2.4 Police in case of theft and accident

In the event of theft or traffic accident, the Hirer must immediately notify the police or call them in and inform the Rental Firm. In the event of failure to do so, the Hirer shall be liable to the Rental Firm for any damage resulting from such failure.

13.2.5 Return

The bicycle must always be returned in the condition in which it was taken over by the Hirer. This does not apply to normal soiling. The bicycle must always be returned to the place where it was collected. Deviations are only possible by arrangement and may be subject to charges of up to 15 €. The final cleaning is included in the rental price. The bike must be returned on the last day of hire (opening times posted in the station or www.radsport-mallorca.de ).

13.3 Damage and loss

13.3.1 General liability of the Hirer

The Hirer shall be liable for all personal injury and property damage, including accidental and third party liability damage, as well as for negligent, grossly negligent and wilful acts. The Hirer shall be liable to the Rental Firm for any damage, loss and/or breach of other contractual obligations occurring during the rental period. If, as a result of damage to the bicycle for which the Hirer is responsible, there is a concrete loss of rental income due to prolonged repair, the Hirer shall be liable for each day of repair (guideline price extended day). In the event of total loss, the Hirer shall be obliged to reimburse the replacement value. The rent paid shall be deducted. In the event of wilful or grossly negligent damage, the hirer shall be liable in full for all costs. Claims for further damages such as loss of rent remain unaffected. Theft of bicycles from the Lessor's premises is covered, provided the bicycle was chained correctly and in the allocated place.

13.3.2 Liability in the event of theft

The Hirer shall also be liable to the Rental Firm for theft or other loss of the bicycle. In the event of theft and loss, the Hirer shall be liable up to the amount of the replacement value. The rent paid by the Hirer shall be deducted. If the Hirer causes the damage intentionally or through gross negligence, there is no limit of liability.

13.3.3 Liability of Philipps Bike Team
The contractual liability of Philipps Bike Team for damages other than bodily injury is limited to three times the travel price.

a) as far as a damage of the traveller is neither caused intentionally nor by gross negligence or

b) insofar as Philipps Bike Team is responsible for damage incurred by the traveller solely due to the fault of a service provider.

the fault of a service provider.

The tortious liability of Philipps Bike Team for damage to property not caused by intent or gross negligence shall be limited to three times the travel price. The maximum amount of liability applies in each case per passenger and trip.

13.3.4 Exclusion of liability of the Hirer ("insurance")

Claims by the Rental Firm in the event of accidental damage may be excluded by the Hirer for an additional fee. The fee depends on the type of bicycle. Prices at www.radsport-mallorca.de or notice in the station.  Claims for accidental damage are only excluded if they are not based on intent or gross negligence on the part of the Hirer.

 13.3.5 Additional equipment
All bikes are equipped with mini pump, spare tube, tube bag and 2 tyre levers. On request also with speedometer. All e-bikes are equipped with a driving assistant, key, battery and charger. Any missing parts must be paid for by the hirer when the bike is returned.
13.3.6. securities for guests from non-PBT hotels

Hirers who are not accommodated in contractual hotels of Philipps Bike Team Radsport & Reise GmbH (see www.radsport-mallorca.de ) shall present a valid identification document (passport, identity card, ID) to the Rental Firm when handing over the bikes.

14. Data protection

The collection and processing of personal data of the customers by RuR is explained in the data protection declaration on www.radsport-mallorca.de. This forms an integral part of the contract. This forms an integral part of the GTC.

15. Severability clause

The whole or partial invalidity or ineffectiveness of individual provisions of these GTC shall not affect the effectiveness of the remaining provisions or parts of such provisions. Invalid or ineffective provisions shall be replaced by provisions which correspond as closely as possible to their legal or economic meaning. The same procedure shall be followed if there is a loophole in these GTC.

16. Jurisdiction

The exclusive validity of German law is agreed for the entire legal and contractual relationship between the customer and RuR.

For legal action by RuR against customers or contractual partners of the package tour contract who are merchants, legal entities under public or private law or persons who have their place of residence or habitual abode abroad or whose place of residence or habitual abode is unknown at the time the action is brought, the place of jurisdiction is agreed to be the registered office of RuR.

Valid as of 1 January 2021 / Changes to Radsport & Reise GmbH as of 1 November 2021

 

 

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