Terms and Conditions
Travel conditions of JC BIKE TRAVEL / (briefly called JCB) for motorcycle tours and bus tours
The travel conditions complement the A651 a ff. BGB and govern the legal relationship between you and us. They have been prepared on the basis of the recommendation of the DRV (German Federation of Travel Agencies) according to a 38 GWB and be recognized by them when booking.
Deviations in the respective travel description shall prevail. Please read this and the following text carefully.
1. Registration and Confirmation
With your registration, you provide us with the conclusion of a travel contract. Registration can be made in writing, orally or by telephone. It is carried out by you and for all in the participants listed in the application for their contractual obligations in any event, they hold up your own obligations when appropriate and have adopted separate obligation by explicit and separate declaration. The contract is settled with the acceptance by us. You will receive a written confirmation. Unless you already have already received a computer printout with registration in the booking office, we will send the confirmation as soon as possible to your booking office. If the content in our confirmation differs from the content of the application it is considered a new offer to which we are bound for a period of 10 days. The contract is concluded on the basis of this new offer, if you provide us with your acceptance within these 10 days; otherwise no travel contract exists between you and us. If JCB Travel makes use or promotes an offer containing offers of others in the travel unnamed organizers, so the conclusion of the travel contract and its contents depend on the particular conditions of this organizer. Please inform us before booking if you are not familiar with the terms and conditions upon which these will be sent to you immediately.
After the tour participants receives the registration / booking confirmation, a deposit of 20% of the price, or at least EUR 500 is to be paid by bank transfer, check or cash. If a cancellation insurance is required, the deposit increases by the amount of the insurance premium. The balance is payable 30 days prior to departure. For payments from abroad wire transfer fees for international transfers are to be borne by the transferring party.
3. Travel program and services
The scope of contractual services is determined by the terms of reference for the individual services, the general information in the catalog as well as the corresponding information in the booking confirmation. We are bound to the description of services contained in the prospectus, however, we reserve the express right to declare for objectively justified, substantial and unforeseeable reasons prior to closing an amendment to the prospectus, about which we will inform you before you book your cruise.
4. Performance and Price Changes
4.1. Performance / price changes
Changes and deviations of individual travel services from the agreed content of the travel contract, which become necessary after conclusion of the contract and were not caused by us in bad faith, are permitted if the changes or deviations are not substantial and do not impair the overall form of the holiday. Possible warranty claims remain unaffected insofar as the amended services are defective. We will notify you of any changes or deviations immediately via your booking agent. If necessary, we will offer you a free transfer or a free cancellation.
4.2. Price Increase
We reserve the right to change the indicated and confirmed in the booking price in case of increase of transportation costs or charges for certain services such as port or airport fees or a change in the applicable exchange rates for the trip in question as follows:
4.2.1. In case of an increase in transportation cost at the time of acceptance of travel contract, in particular fuel costs, we reserve the right to increase the tour price based on the following calculation:
a) If the motorcycle rental increases in the United States for the rental of motorcycles by JC-Bike Travel.
b) If the space/seat price increases we may require you to increase the amount;
c) Unless otherwise noted the additional transportation cost charged by the transportation company are divided by the number of participants. The resulting per person/seat increase will be charged to you.
4.2.2. If port or airport fees or taxes increase at the time of acceptance of travel contract the travel price can be increased by the amount of which the travel has become more expensive for us.
4.2.3. With a change in exchange rates after acceptance of the travel contract, the travel price can be increased to the extent in which the travel has become more expensive for us. An increase under section 4.2.1 to 4.2.3. is only permissible if between the acceptance of the travel contract and the agreed travel date is more than 4 months and has not yet occurred, the circumstances leading to the increase before signing the contract and were not foreseen in the contract to us. In the event of a subsequent change of the price we have to inform you immediately after knowledge of the change reason. Price increases are only permitted up to 21 days in detail with the customer. If the price increases by more than 5% you are entitled to terminate your travel contract or to request to join an equivalent trip if we are able to offer such a trip without additional cost to you from our offered travel catalog. You are obliged to inform us of intending to make use of the above mentioned rights without delay following our notification of a price increase as described above.
5. Cancellation by the customer, rebooking, substitute participant
You can withdraw at any time prior to departure of the tour. The receipt of the cancellation notice by JCB is essential. We strongly advise you in your own interest and for reasons of evidence to declare the cancellation in writing. In the event of receding from the travel contract or failure to travel, we may demand compensation for the travel arrangements made and for our expenses. Our claim for compensation is under the consideration of the usually saved expenses and usually possible alternative uses of the tour guide flat rate: This cancellation costs for motorcycle tours are charged per registered
Participants: each percentage of the total price:
Due charges as percentage of travel costs at the time of cancellation:
· Over 57 days before departure: 20
· 56 – 43 days before departure: from 30 to 40
· 42 – 29 days before departure: from 50 to 60
· 28 – 15 days before departure: from 70 to 80
· 14 – 1 days before departure: 100
For group travel, the cancellation costs, especially when caused by the cancellation and thus failing to achieve the minimum number of participants, starting from the date of booking to be 100%. It is expected of your to provide evidence that, in connection with the resignation or failure to travel no or significantly lower costs are associated with your cancellation then the cost estimated by us in the above paragraphs.
JCB reserves the right to demand higher, concrete compensation in deviation of the above packages. In this case, JCB undertakes to quantify the required compensation by taking the saved expenses and possible other use of the travel services and provide supporting evidence. It is expressly noted that such specifically calculated cancellation costs in the group travel takes place very early on and immediately after the acceptance of the contract already in case of cancellation, will be charged at 100%.
Changes of dates and destinations are possible only by canceling the travel contract (in accordance with Section 5.1) with subsequent new booking.
5.3 Replacement Participant
Until the start of the journey, each registered participant may be replaced by a third party if you let us know. However, we can object to the change in the person of the traveler if the third party does not fulfill the travel requirements of the booked tour or legal regulations or regulatory requirements-especially also in the destination countries. Should a replacement in the contract, you will remain liable together for the travel price as well as any additional incurred as a result of the third party participation.
Cancellation, rebooking and change statements should be submitted in writing in your own best interest and for reasons of evidence in any case.
6. Travel Insurance
If you withdraw from your trip, incurred cancellation costs. In case of travel termination during the trip additional return and other additional costs may arise. Therefore it is strongly recommended to take out a travel cancellation insurance, as well as a more cost insurance. Also it is advisable to take out travel insurance, since transportation to your home company in case of injury may incur significant costs. Please contact us with your booking office or in combination.
7. Unused services
In case you do not make use of certain individual travel services due to premature return or for other urgent reasons, we will strive for the service providers for reimbursement of expenses saved. The obligation does not apply if it is totally irrelevant or if a refund is against legal or official regulations.
8. Cancellation and termination by the tour operators
We reserve the right to cancel the travel contract with our customers in the following cases prior to travel or terminate the travel contract after commencement of the journey:
a) without notice, if the participant interferes with execution of the trip despite our caution continuously or if he/she violates the contract to such an extent that immediate termination of the contract is justified. If we need to terminate the contract from our side due to these reasons we reserve the right to the tour price; however, we must be refund the value of the saved expenses and the benefits we gain from a different use of unused services including us credited by the service providers. Any additional costs for return transport are borne by the interfering party.
b) up to four weeks before travel is not reached an advertised or official specified minimum number of participants, if it is pointed out in the tour description for the corresponding trip on a minimum number of participants. We shall inform you immediately if one of the conditions for the non-implementation of the tour arises and will forward the necessary travel cancellation documents immediately. You will be immediately issued a full refund of travel price paid to date.
Should it be determined already at an earlier date that the minimum number of participants cannot be reached, we shall notify you immediately.
c) up to three weeks before departure, if the execution of the journey, after investigating all possible options, is not reasonable, because the booking for this tour is so low that for us the costs of engaging in travel would be exceeding the economic sacrifice limit. If the trip is canceled for this reason, so you will be issued a full tour price refund immediately. In addition, should you chose not to rebook travel making used of one of our other tour packages a refund of EUR 15 will be issued to you as a lump sum to cover the expense of making your travel arrangements.
9. Cancellation of the contract due to force majeure
If the trip is cancelled to unforeseeable force majeure or made considerably more difficult, endangered or impaired, then both either may terminate the contract.
If the contract is terminated, we may charge a reasonable compensation for the services already rendered or for completion of the journey still to be travel services. We are
obliged to take the necessary measures, in particular, if the contract includes return transportation for you. The extra costs for transportation back to your home country in case of injury are to be shared by you and JCB shall share the cost equally. Furthermore, the additional costs are to be borne by you.
10. Liability of the tour operator
10.1 our own efforts
We are liable under the due diligence of a prudent merchant for:
-the conscientious preparation;
-the careful selection and monitoring of service providers;
-the correct description of all travel services indicated in our catalogs provided
We have not declared a change in the prospectus in accordance with paragraph 3 before concluding the contract,
but not for information contained in or provided by local destination, hotel or others, brochures not edited by JCB, accompanied by the been submitted by our booking offices and travel documents
-the proper provision of the contractually agreed travel services.
We shall be liable for any fault of persons entrusted with their performance.
10.3 External services
We are not liable for disruptions in connection with services which are merely arranged as external services and are clearly identified in the prospectus or in the tour description as external services (eg theater, sporting events, conventions).
11.1 Remedy and obligations to cooperate
If the trip is not stipulated in the contract, so you may ask for a remedy. For this purpose it is necessary, without prejudice to our primary obligation of your participation. Therefore you are obliged to do everything reasonable in order to contribute to remedying the disruption and to keep any resulting damage to a minimum or avoid them altogether.
They are particularly obliged to report your complaints immediately. Consult please first contact our local representative (see travel documents); is in place no one available or reachable, please contact directly with us! You can reach us at the telephone number in Germany Karin Fuellemann +49-7062/06738 or JC in the US +1-310-460-8375 during normal business hours.
Or send us a fax. In any case please refer to the documents travel number, destination and travel dates. We may refuse to remedy if it requires a disproportionate effort. We may also be able to compensate you by providing an equivalent service.
11.2 Reduction of the tour price
During the duration of a non-contractual provision of travel, you can demand an appropriate reduction of the price (reduction). The reduction does not apply to the extent you have failed culpably to indicate the lack.
11.3 Termination of the contract
If the trip is seriously affected by a serious defect and we are not providing a remedy, even though you have requested this, you are able to cancel the travel contract in accordance with statutory requirements in your own interest and for evidence reasons expedient in writing. You are only responsible for payments for the services utilized part of the price, provided that such benefits were not completely worthless for you.
In case of a defect you can require, without prejudice to the reduction or termination damages for non-performance, unless the lack of travel is based on a circumstance for which we are not responsible.
12. Passport, visa and health requirements
We are expected to inform nationals of the country in which the tour is offered about passport, visa and health regulations as well as their possible changes prior to departure. For citizens of other countries the responsible consulate is able to provide adequate information. We are not liable for the timely issue and receipt of necessary visas from the respective diplomatic representation, even if you have entrusted us with the procurement, unless we are responsible for the delay in processing the documents. For compliance with all the performance of the tour you are responsible. All disadvantages arising from their non-compliance, at your expense, except when they are due to our culpable false or misinformation.
13. Limitation of Liability
13.1 Contractual limitation
Our contractual liability for damages other than personal injury is limited to three times the travel price,
1. damage to the traveler has neither been caused intentionally nor by gross negligence by us or
2. As far as we are responsible for damage incurred by the traveler solely through the fault of a service provider.
13.2 Limitation of Liability Tort
Claims for damages against us are tort if the damage was caused deliberately or through gross negligence, for damage to property is limited to EUR 4,100 per customer and travel. If the multiplication of the travel price by three exceeds this sum, the liability is limited to the travel price multiplied by three. In your own interest we recommend taking out a travel accident and baggage insurance.
13.3 Statutory Limitation
A claim for damages is to be asserted or is limited or excluded as a result of international conventions or based on such rules, which apply to the of a service provider deliverables, a claim for damages against the service provider occurs only under certain conditions or restrictions or is excluded under certain conditions. As far as we are the contracting carrier, the liability is regulated by the provisions of the Civil Aviation Act in conjunction with the International Convention of Warsaw, The Hague, Guadalajara and the Montreal Agreement. These agreements usually limit the liability of carriers with respect of death, bodily injury, loss and damage of luggage. Unless we are service providers in other cases, we shall be liable under the legislation that are applicable to these provisions. In case we assume the role of carrier during cruises the liability shall be regulated by the provisions of the Commercial Code and the Inland Waterways Act.
14. Exclusion of claims and limitation
Claims for non-contractual provision of the trip will need to be made know to us within one month after the contractual end of the journey. After the deadline you can only file claims if you were prevented through no fault of meeting the deadline. You should make the claim in writing in your own interest. Your trip contractual rights expire after one year. The period begins with the day on which the journey should end according to the contract. If you have filed such a claim, the limitation period is suspended until the day on which we reject the claims in writing. Tort claims lapse after three years.
Jurisdiction for general merchants, for persons who have no general jurisdiction in Germany, as well as for those who transferred their domicile or habitual residence abroad after conclusion of the contract or whose domicile or habitual residence at the time of action is unknown, will make use of location stated at the end of the travel organizer conditions.
16. Ineffectiveness of individual provisions
The invalidity of individual provisions of the travel contract does not invalidate the entire travel contract.
All personal information that you provide us to process your travel available are protected under federal privacy law against improper use.
4919 West 121 Street
Hawthorne / Los Angeles, CA 90250