GTC
General Terms and Conditions
of the mediation agency and travel planner simply out tours
In addition to the statutory regulations, we kindly ask you to carefully read the following supplementary General Terms and Conditions (GTC) of simply out tours GmbH BEFORE making your booking. For better readability, the company designation has been omitted.
1. Scope / Conclusion of the Contract
The following terms apply when simply out tours provides the advertised services itself or organizes the advertised trip. If simply out tours merely mediates services of other organizers, the respective organizers' travel and business conditions apply.
After the customer’s registration/booking, simply out tours will verify the feasibility of the simply out offer (e.g., travel, guided tours, etc.). For registrations for open dates, a minimum number of participants must typically be reached. For travel bookings, confirmation of all purchased/integrated services must be awaited. Once all individual services can be carried out as booked, simply out tours will promptly confirm the booking (travel, tour, etc.) to the customer via email.
2. Responsibility of the Registrant
3. Mediation of Travel Services
The travel mediator arranges contracts for individual travel services (e.g., hotels, guided tours, rental bikes, etc.) between their customers and third-party service providers.
The provision of the mediated services themselves is not part of the mediation contract. Mediation is subject to the availability of capacities with the service providers.
The content of the mediated contract is determined by the agreements between the traveler and the service provider, particularly the provider's brochure and GTCs. These details do not constitute guarantees by the travel mediator. Brochure and online publications describe the planned itinerary without guaranteeing precise execution. Minor changes to program and itinerary, as well as route selection, may occur due to weather or organizational reasons.
The travel mediator is not liable for the proper execution of the mediated services. Responsibility for performance and defects of the mediated services lies solely with the respective service providers.
Simply out tours is not liable for damages arising from disregarding instructions provided by, for example, tour guides/team leaders. Simply out tours is also not liable for damages incurred during the transport of luggage and bicycles. Participation in mountain bike (MTB) tours is at the customer's own risk.
4. Booking
Bookings can be made verbally, by phone, via email, by fax, or electronically (email/website) based on the advertisement (e.g., simply out tours website, provided offer, etc.).
The booking becomes binding as soon as simply out tours confirms receipt via email or other electronic means. If the booking is made less than 7 days before the event date, simply out tours is not obligated to accept it.
Any side agreements/changes to the order require written form. Simply out tours will review and confirm feasibility in writing.
Deviating booking confirmations are binding for simply out tours for 10 days. The customer can decline the new offer within this period or accept it in writing, adhering to the specified payment deadlines.
5. Price Adjustments
Simply out tours reserves the right to increase travel prices for valid reasons if the following conditions are met:
- The trip was booked more than 4 months before departure.
- Reasons may include increased fees, costs from service providers, currency fluctuations, etc.
- The increase is communicated at least 21 days before the trip begins.
If the price increase exceeds 5%, the customer has the right to withdraw from the trip or rebook.
6. Confirmation for Open Dates
7. Invoice and Payment Terms
In compliance with the Tax Simplification Act 2011, simply out tours will send payment requests (for open dates) and invoices (for group/organizer bookings) as PDF documents via email without an electronic signature.
For group bookings, a 30% deposit is due immediately. If not paid, the booking is considered not confirmed, and cancellation fees outlined below may apply. The remaining balance is due 7 days before the event.
For individual bookings for open dates, the full participation fee is due immediately upon confirmation.
For bookings by individuals for an open date, the participation fee is due in full immediately upon confirmation.
8. Right of Withdrawal
9. Cancellation and Changes
Customer’s cancellation prior to the start of the trip/tour:
The receipt of the written cancellation notice by simply out tours at the address/email address provided below is decisive. In case of cancellation or if the customer does not utilize the confirmed service (no-show or early departure), the following terms apply:
Cancellation or modification fees are as follows:
30% of the total amount for cancellations (full or partial) up to 2 weeks before the event.
70% of the total amount for cancellations (full or partial) within 13 to 3 days before the event.
100% of the total amount for cancellations (full or partial) two days before, on the day before, or on the day of the event – including no-shows or early departure.
If individual service providers impose higher cancellation fees or if the proven damage exceeds the above percentages, simply out tours may claim this damage.
For rescheduling or changes in content/dates, a fee of 25% (minimum €25 + VAT) of the total order value or a higher reasonable processing fee will be charged. If services/parts of services cannot be rebooked under the new terms, the above cancellation fees apply.
If simply out tours claims compensation as outlined above, the customer has the right to prove that simply out tours incurred less damage.
After/During the Trip/Tour:
Both parties may terminate the contract under special circumstances.
Deductions in payments are not justified if the reasons are beyond the control of simply out tours and equivalent substitute services are offered to the customer. Significant changes affecting the overall character of the trip entitle the customer to withdraw from the contract. The customer will be informed of any substitute services. simply out tours may offer the customer free rescheduling or contract termination, depending on the circumstances.
A bad-weather alternative is usually specified in the offer and is considered part of the trip.
10. Transfer of Booking to a Replacement Participant
If a trip is booked, the customer may request that a replacement participant takes their place before the start of the trip. simply out tours may refuse the replacement if they do not meet the specific travel requirements or if legal or administrative regulations oppose their participation. The customer and the replacement participant are jointly liable for the processing fee and the trip price.
The customer and any replacement participant are responsible for all contractual obligations of fellow travelers for whom the customer makes the booking.
11. Exclusion of Claims and Limitation Period
Claims for non-compliance with the contractual provisions of a trip must be asserted in writing within one month after the scheduled trip end date to:
simply out tours GmbH, Stühmeyerstr. 33, 44787 Bochum
Claims cannot be made through third parties such as travel agencies or tour guides. Claims submitted after the deadline are valid only if the customer was unable to meet the deadline due to no fault of their own.
Ansprüche des Kunden nach den §§ 651 c bis f BGB aus der Verletzung des Lebens, des Körpers oder der Gesundheit, die auf einer vorsätzlichen oder fahrlässigen Pflichtverletzung des Veranstalters oder eines gesetzlichen Vertreters oder eines Erfüllungsgehilfen des Veranstalters beruhen, verjähren in zwei Jahren. Die Verjährung beginnt mit dem Schluss des Jahres, in dem der Anspruch entstanden ist und der Kunde von den Anspruch begründenden Umständen und der Person des Anspruchsgegners Kenntnis erlangt oder ohne grobe Fahrlässigkeit erlangen müsste.
Claims under §§ 651c-f of the German Civil Code (BGB) for personal injury caused by the organizer's intentional or negligent breach of duty are subject to a two-year limitation period, starting at the end of the year in which the claim arose.
For other claims under §§ 651c-f BGB, a one-year limitation period applies, starting the day after the trip ends. Claims cannot be transferred to fellow travelers or third parties for legal action.
12. Force Majeure
In cases of unforeseen “force majeure” events that significantly hinder, endanger, or impair the service, both parties may cancel the contract. simply out tours is entitled to compensation for provided or still-to-be-provided services per § 638(3) of the BGB. If the contract includes transportation, simply out tours is obligated to arrange return transport, sharing additional costs equally unless otherwise agreed.
13. Free Cancellation by simply out tours
simply out tours may cancel the contract free of charge in the following cases: - Force majeure
_Krankheit der Person, die für die Leistungserbringung erforderlich ist (z.B. Tourguide – simply out tours bemüht sich um adäquaten Ersatz)
_Nicht erreichen der ausgeschrieben Mindestteilnehmerzahl – der ggf. bereits gezahlte Teilnahmebeitrag wird durch simply out tours zurückerstattet
- Non-compliance with contractual terms by the customer (e.g., timely payment)
Simply out tours may also cancel the contract immediately if the client or their group disrupts the service despite warnings or behaves so contrary to the agreement that immediate contract termination is justified.
14. Special Booking Terms
- Group bookings: If no contact is made within 30 minutes of the agreed start time, there is no entitlement to the service.
- Delays do not alter the scheduled end time or invoice amount.
- Public tours: These begin promptly. No refunds or ticket exchanges are available for late arrivals. Invoice issuance with VAT details may incur a fee.
- Organizer bookings: Please inform us of registration deadlines and minimum participant numbers. A 30% deposit is due once services are scheduled, regardless of registration status. If minimum participant numbers are not met, standard cancellation terms apply.
15. Feasibility
The services of simply out tours take place in all weather conditions – including rain. Tours will be adapted accordingly. Participants must bring their own weather-appropriate protective clothing and equipment. In case of storms, thunderstorms, or icy conditions, the on-site service provider (e.g., tour guide, city guide, team leader, etc.) is authorized to adjust, postpone, or cancel the tour depending on circumstances and participant conditions.
In the event of storms or thunderstorms, simply out tours will contact you (please provide a mobile phone number and keep it ready). Should simply out tours be unable to conduct the tour/event on the planned date due to force majeure (e.g., weather and its consequences), the company will offer the customer a reasonable and appropriate alternative program on the planned day or a rescheduled date. If neither is possible, you will receive a credit equivalent to the booking amount/participation fee, minus any services already provided, cancellation fees from service providers, and costs for services still required to conclude the process.
16. Service Description
The service description can be found on our website or in the corresponding offer sent to you via email, depending on the tour/booking.
The maximum number of participants stated in the service description is binding. If the actual number of participants exceeds the agreed number, the claim to service provision lapses. Additional costs may arise if the increased capacity can be accommodated by all scheduled service providers. These additional costs will be communicated to you in advance via email and must be confirmed/booked in writing.
Service providers or other parties involved in planning (e.g., travel intermediaries) are not authorized to modify or adjust the service. Base services are those stated and described in the confirmation.
Brochures and other publications by customers, travel companies, or service providers are not part of the booking and are therefore not binding for simply out tours.
17. Deficiency in Service
The customer can request immediate remedy from simply out tours and their service providers on-site, provided the remedy does not involve disproportionate effort. The remedy consists of rectifying the deficiency or providing an equivalent substitute service. Subsequent reports of deficiencies cannot be considered.
18. Warranty and Liability
If a trip conducted by simply out tours itself has deficiencies, complaints must be reported immediately to the tour leaders, team members, or guides. The customer is obliged to cooperate in resolving any disruptions, avoiding damages, or minimizing them. Claims for non-performance or improper performance of travel services must be submitted in writing within one month after the end of the trip to simply out tours. Only simply out tours can acknowledge a deficiency.
In case of luggage loss, the service provider on-site must be informed immediately in the presence of a third party, and the deficiency must be demonstrably reported.
Simply out tours is responsible as a company for the conscientious preparation of services, careful selection and monitoring of service providers, accurate service descriptions, and proper execution of the agreed services.
Simply out tours is not liable for services provided as third-party services by other providers (e.g., transportation companies, theater, museum, or exhibition visits, restaurant visits, etc.) explicitly identified as third-party services in the service description. Liability is also excluded for accidents and damages (e.g., those from traffic accidents are covered by the transportation company’s insurance). Simply out tours is not liable for damages or failures caused by force majeure.
Simply out tours may limit liability for non-physical damages to three times the travel price:
- If the damage to the traveler was not caused intentionally or through gross negligence.
- If simply out tours is responsible solely for the fault of a service provider.
(2) Gelten für eine von einem Leistungsträger zu erbringende Reiseleistung internationale Übereinkommen oder auf solchen beruhende gesetzliche Vorschriften, nach denen ein Anspruch auf Schadensersatz nur unter bestimmten Voraussetzungen oder Beschränkungen entsteht oder geltend gemacht werden kann oder unter bestimmten Voraussetzungen ausgeschlossen ist, so kann sich auch der Reiseveranstalter gegenüber dem Reisenden hierauf berufen.
Auf das Vertragsverhältnis zwischen dem Kunden und simply out tours findet ausschließlich deutsches Recht Anwendung. Dies gilt auch für das gesamte Rechtsverhältnis.
If international agreements or statutory provisions based on such agreements limit claims for damages under specific conditions or circumstances, simply out tours may invoke these limitations.
German law exclusively governs the contractual relationship between the customer and simply out tours.
Die vorstehenden Bestimmungen gelten nicht
– wenn und insoweit sich aus vertraglich nicht abdingbaren Bestimmungen internationaler Abkommen etwas anderes zugunsten des Kunden ergibt
– oder wenn und insoweit auf den Vertrag anwendbare, nicht abdingbare Bestimmungen im Mitgliedstaat der EU, dem der Kunde angehört, für den Kunden günstiger sind als oben genannten Bestimmungen oder die entsprechenden deutschen Vorschriften.
19. Insurance
- R+V Bond Insurance for Tour Operators (AVB KTV-R)
Certificate Number: 210 90 101111172 - MDT Comprehensive Insurance for Travel Agencies and Tour Operators
Policy Number: 60269202458 - Berufshaftpflicht-Versicherung (Angabe nach § 2 DL-InfoV)
Coverage provided through membership in the BVGD (Federal Association of German Tour Guides), insured by Generali Versicherung AG, Munich, with worldwide validity and a coverage limit of €10,000,000.
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20. Audio and Visual Recordings / Image Usage
During tours/trips, photos may be taken. The use of these photos/videos is subject to applicable legal regulations. Our guides generally do not consent to the publication of images in which they appear.
Data privacy
Please refer to our privacy policy: https://www.simply-out-tours.de/datenschutzerklaerung/
22. Miscellaneous
- The house rules of the visited locations apply.
23. Severability Clause
The invalidity of individual provisions of these terms and conditions or the contract does not affect the validity of the entire contract.
24. Jurisdiction
The exclusive place of jurisdiction is Bochum.
