Terms and Conditions PowerTagesfahrten
We look forward to welcoming anyone who wants to go on a PowerTagesfahrten ski day trip with us. Trips must be booked online at powertagesfahrten.com or at one of our booking offices. Once a trip has been booked the client agrees to the conclusion of a binding contract. The person who makes the booking also does so on behalf of all the other included participants and is also responsible for the contractual obligations of these participants as well as his/her own obligations. The contract comes into effect once we accept the booking (written confirmation with an online ticket, handing over of tickets at the booking office, etc.). Bookings for minors must be made by a legal guardian. On boarding the bus, minors must present a consent form signed by a legal guardian. If a minor does not identify himself/herself as such to the PowerTagefahrten representative and does not present a consent form, then they will not be able to go on the PowerTagesfahrt trip. The minor must inform the PowerTagefahrten representative that they are underage without being asked. If a minor does not do this and does not have a consent form, then the legal guardian assumes full liability.
Each day trip must be paid for immediately after the contract has been concluded.
- Services/Changes to Services
The scope of the contractual services is shown in the detailed description in the brochure “PowerTagesfahrten 2017”. Service packs will be issued as long as stocks lasts/are subject to change without notice. Subsidiary agreements that change the scope of the contractual services must be explicitly confirmed by the tour operator in writing. Any changes to or deviations from individual travel services specified in the agreed contract that may become necessary after concluding the contract, are only allowed if the changes and deviations are not significant and are not detrimental to the overall design of the day trip that has been booked.
4.1 As PowerTagesfahrten ski day trips can be booked at very short notice, cancellations and changes to bookings, even due to illness, are not possible. Refunds will not be made for no-shows to PowerTagesfahrt trips or for unredeemed tickets , nor will the proportion of the price for the ski pass be refunded or reimbursed in cash! Failure to show up for departure at the ski area or to turn up for the return journey at the agreed departure time will mean that the right to the return journey is lost. The return journey will then have to be undertaken at the participant’s own expense. No claims for compensation may be made against Fleischberger Marketing.
4.2 Fleischberger Marketing may withdraw from the contract up to 2 days before the trip begins, if the minimum number of participants of 25 has not been reached. Any payments already made will be refunded in full. No further claims will be considered.
4.3 If the PowerTagesfahrt trip is significantly impeded, endangered or negatively affected by forces of nature that were unforeseeable at the conclusion of the contract, then each party can terminate the contract in accordance with § 651 j BGB.
4.4 Furthermore, Fleischberger Marketing can terminate the contract with a participant without notice, if this person behaves improperly despite an appropriate warning and this makes the continuation of the contract unacceptable for Fleischberger Marketing. In this case, the price of the trip will not be refunded. No further claims may be made by the participant.
5.1 Fleischberger Marketing is responsible for the meticulous preparation of the trips, the careful selection and monitoring of the service providers, the accuracy of the service descriptions and the proper fulfilment of the services agreed upon in the contract.
5.2 The tour operator is merely the travel intermediary for additional services (visits to events, etc.) that are explicitly and clearly referred to as brokered in the brochure, the travel documents and any other statements. As the intermediary of travel arrangements, there is no contractual liability, as long as there are no physical injuries, wrongful intent or gross negligence, primary obligations from the travel intermediary contract are not affected, taking out insurance is a reasonable option or an agreed condition is missing. The tour operator as the intermediary is only fundamentally liable for the brokering and not for the brokered services themselves. Fleischberger Marketing is also not responsible for possible traffic jams, delays, ski lift restrictions, danger of avalanches, etc. and any ensuing costs for travel participants.
5.3 Participants who take part in PowerTagesfahrt trips or attend sports events do so at their own risk.
5.4 Participants are to look after all items of luggage (skis, snowboards, equipment and other travel items) and articles of value (mobile phones, cameras, money) themselves while getting on, off and changing buses and they are liable themselves if anything is lost. Participants are also liable for any damage caused by things they have brought with them.
5.5 Contractual Liability
5.5 Contractual Liability
The tour operator´s contractual liability for damages, that are not physical injuries, is limited to triple the price of the trip, as long as the damages were not incurred due to gross negligence or deliberately by the participant, or insofar as the tour operator can be held solely responsible for damage done to a participant due to the fault of a service provider.
5.6 Tort Liability
For all tort compensation claims against Fleischberger Marketing that are not due to wilful acts or gross negligence, Fleischberger Marketing is liable for property damage up to €4,100.00.
6.1 The participant is to report any shortcomings that occur on the trip immediately to Fleischberger Marketing, the booking office or a local representative of AlpinTeam Marketing+Services. If the participant fails to do this culpably, any possible warranty claims resulting from this are excluded.
6.2 The participant is also obligated to do everything reasonably possible to help resolve any service problems and minimise any possible eventuating damage.
- Preclusion Period and Statute of Limitations Period
7.1 Claims due to inadequate travel management in accordance with §§ 651 c to 651 f BGB – excepting physical injury – must be made against the tour operator by the participant within one month after the contractual end of the trip, if the deadline cannot be kept to through no fault of the participant.
7.2 Claims by participants as mentioned in 7.1 – excepting physical injury – always fall under the statute of limitations one year after the contractual end of the trip. The statute of limitations does not begin before the participant has informed the tour operator of a shortcoming. Cases of gross own negligence, as well as malice claims described in 7.1, fall under the statute of limitations after three years.
- Other Conditions
The participant is responsible for compliance with passport, currency and health regulations. Any disadvantages or problems resulting from non-adherence to such regulations are to be borne by the participant.
- Use of Photographs/ Use of Data/ Data Protection
Participants agree that they may be photographed during the PowerTagesfahrt trip and that these photographs may be used for marketing purposes by PowerTagesfahrten. This consent can be revoked in writing at any time.
10.1 The invalidity of individual clauses of these General Terms and Conditions shall not affect the validity of the remaining conditions.
10.2 All the information in the brochure “PowerTagesfahrten 2017” was correct at the time of printing in November 2016. Liability will not be accepted for any printing and/or calculation errors.
10.2 German law shall apply. The place of jurisdiction for fully-qualified traders as well as persons who do not have a place of jurisdiction in Germany, as well as for persons who have moved their place of residence or permanent address abroad after conclusion of the contract, or whose place of residence or permanent address is not known at the time a complaint is filed, as well as for passive lawsuits, is Munich.
Telephone: 0+49 (0)176/ 633 22 111
in cooperation with Autobus Oberbayern and Neukam-Reba