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Marienstr. 22 | 36039 Fulda
Tel.: +49 (0) 661 440 77 27 25
Fax: +49 (0) 661 440 77 27 27
Marienstr. 22 / 36039 Fulda
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Marienstrasse 22 | D-36039 Fulda
Marienstrasse 22 | D-36039 Fulda
HANSA FLEX AG
Enrico Kieschnick (Marketing)
Zum Panrepel 44 / 28307 Bremen
Martina Pegel (Marketing)
Zum Panrepel 44 / 28307 Bremen
General Terms and Conditions of Business
1.1. The following terms and conditions apply to all legal transactions with experience GmbH, including future ones. These terms and conditions shall apply even if they are no longer explicitly referred to in the further course of a business relationship.
1.2. The business activities of experience GmbH include the following services in particular: advertising presentation/promotion of products, services and brands in the context of events [trips/concerts etc.] at extraordinary places/special locations; the planning/organisation/execution and management of such events as a total concept in Germany and abroad and the performance of various partial services/individual services, for example procuring visas, obtaining official permits, booking hotel rooms/flights etc.
1.3. experience GmbH shall act as either
a) a direct contract partner [event organiser] or
b) the vicarious agent of another event organiser [administering agency]. These terms and conditions shall apply to all the above mentioned legal structures unless the provisions below indicate otherwise.
1.4. General terms and conditions of business of experience GmbH’s contract partners shall not apply if they are in conflict with the terms and conditions below. Such divergent conditions/provisions are hereby explicitly excluded.
2. Conclusion of contract
2.1. [Conclusion of a contract for non-standardised services to be specially designed for the contract partner] A contract shall be concluded with experience GmbH when experience GmbH – following a preliminary enquiry from the potential contract partner – submits a concrete written offer to the contract partner, which is accepted in writing by the latter.
2.2. [Conclusion of a contract for standardised services already fixed by experience GmbH in accordance with the details in its catalogues and/or its website]
The potential contract partner shall offer experience GmbH a binding, concluded contract by submitting its registration for an event and/or an order for a service. This binding offer shall also extend to all other persons listed as participants in the registration, for whose contractual obligations the registering/ordering contract partner shall take responsibility, as for his/her own obligations/account. The contract shall be formed by a written declaration of acceptance [order confirmation] from experience GmbH.
2.3 Verbal orders placed with experience GmbH by contract partners in the cases under 2.1. and 2.2., other agreements and subsidiary agreements as well as subsequent amendments to the contract shall never be binding on experience GmbH unless these have been confirmed in writing by experience GmbH and/or the services on which such agreements are based are actually performed by experience GmbH. In the latter case, the scope of performance shall be determined by the services actually performed by experience GmbH.
3. Content of services/reservation of right to make changes
3.1. The actual services of experience GmbH shall result from its written offer/the written contract [in cases as in 2.1. of these terms and conditions] or from the details in the catalogue and the order confirmation [in cases as in 2.2. of these terms and conditions]; in the latter cases, the content of the order confirmation shall be decisive in the event of differences.
3.2. experience GmbH shall be entitled to change the services unilaterally for an important reason even after conclusion of the contract if this proves necessary, experience GmbH is not responsible for the existence of the important reason and the change is reasonable for the contract partner taking its interests into account.
experience GmbH shall undertake to keep the change to a minimum and to leave the overall character/overall design of the original service unchanged. experience GmbH shall undertake to notify the contract partner immediately of the change in the service.
The contract partner shall have the right to cancel the contract or to demand another service that is of at least equivalent value. The contract partner must exercise these rights immediately – but at the latest within a period of one week of receiving notice of the change. The contract partner shall, however, only be entitled to the above-mentioned rights if the change is considerable and relates to a material contractual service. The right to another, at least equivalent service shall also be conditional upon experience GmbH being in a position to offer such a service from its range of services without added cost to the contract partner. If the contract partner fails to exercise these rights within the set period, the contract shall apply with the advised changed conditions and in so far the contract partner shall be unable to assert warranty claims.
3.3. If experience GmbH’s contract partner desires a change in the overall originally agreed service or in individual elements of the service, experience GmbH shall examine without obligation whether it can implement such a change. If the changes are then implemented, the contract partner must bear the additional costs incurred as a result. Furthermore, the contract partner shall owe experience GmbH a processing fee of EUR 30.00.
This processing fee shall arise for each new change request made to and implemented by experience GmbH.
4. Terms of payment
4.1. The terms of payment shall result in cases as in 2.1. of these terms and conditions from experience GmbH’s written offer/the written contract.
4.2. Furthermore, experience GmbH’s invoices shall be due immediately upon receipt of invoice and without deductions.
4.3. experience GmbH shall be entitled to charge contract partners/participants payments on account in accordance with the status of its service delivery.
4.4. experience GmbH shall also be entitled to demand a down payment of 20% of the event price from the contract partner after registration and after confirmation of participation has been supplied to the contract partner. The balance shall be payable to experience GmbH no later than 20 days before the start of the event.
4.5. Payment means that the funds must have been credited to the account of experience GmbH.
5. Cancellation by the contract partner
5.1. experience GmbH as the event organiser, 1.3.a) of these terms and conditions
a) The participant may cancel the contract at any time prior to the start of the event. The cancellation must always be effected in written form and addressed to experience GmbH. If the participant cancels the contract or fails to participate in the event without any special explanation, experience GmbH shall be entitled to demand adequate compensation for expenses incurred and precautions taken to date, provided that experience GmbH is not responsible for the cancellation and no case of force majeure exists. The same applies if the participant does not punctually appear at the meeting place at the times specified in the event documentation or does not join the event due to a lack of documents for which experience GmbH is not responsible.
Since the services offered by experience GmbH
require extensive planning/preparation, the following rates shall apply, calculated on the basis of the expenses that would normally be saved and the alternative uses of the
services of experience GmbH that are normally possible:
up to 91 days before the start of the event 20% of the price
90 to 61 days before the start of the event 40% of the price
60 to 31 days before the start of the event 60% of the price
31 to 8 days before the start of the event 80% of the price from the 7th day before the start of the event 90% of the price.
b) The receipt of the written cancellation statement by experience GmbH shall be decisive for the calculation of the periods stated under 5.1.
c) experience GmbH’s right to assert higher expenses and/or damages shall remain unaffected.
d) The participant reserves the right to prove with reference to the lump sums stated under 5.1. that experience GmbH incurred lower expenses and/or damages.
e) The participant can demand that a third party take part in the event in his/her place. experience GmbH may object to the participation of the third party if he/she does not satisfy the requirements of the event or if legal provisions or public authority regulations stand in the way of his/her participation. In the event of a change of participant, the new third party and the original participant shall be liable to experience GmbH as joint and several debtors for the price of the event and the additional costs arising through the change.
5.2. experience GmbH as administering agency/provider of partial/individual services, 1.3.b) of these terms and conditions. Other contract partners of experience GmbH [e.g. event organisers] shall not be entitled to the above right of cancellation. These parties are limited to the statutory rights of cancellation arising from default and warranty. In particular, cancellations by participants vis-à-vis experience GmbH’s contract partner shall not lead to any right of cancellation. In this case, the contract partner shall still be obliged to pay experience GmbH the agreed fee.
6. Unused services
If the contract partner fails to use all or part of experience GmbH’s services for reasons for which he/she is responsible, he/she shall have no claim against experience GmbH for reimbursement of the price.
7. Cancellation and termination by experience GmbH
7.1. experience GmbH may cancel the contract before arrival/the start of the event for an important reason.
7.2. Important reasons vis-à-vis a participant are in particular for experience GmbH as an event organiser if the number of participants defined at the time the contract was concluded has not been reached; in this case, experience GmbH shall be allowed to inform the contract party of cancellation up to two weeks before the start of the event. If extraordinary circumstances occur which render it impossible or materially more difficult to hold the event; in this case, experience GmbH may inform the contract party of cancellation up to the start of the event. In the event of cancellation for the reasons stated under 7.2, experience GmbH shall reimburse to the contract partner/participant sums already paid towards the event price provided the important reason can be justified by experience GmbH or any of the contracting parties.
7.3. experience GmbH may terminate the contract after arrival/the start of the event for an important reason.
7.4. Important reasons vis-à-vis a participant are if the contract partner permanently disrupts the event – regardless of a warning – or behaves in another way contrary to the contract, if the termination is necessary to avert dangers or damages, e.g. in the event that a contract party commits criminal acts under the laws of the host country and under German law, if extraordinary circumstances/force majeure occur(s) which make it impossible or materially more difficult to hold the event. In the event of termination for the reasons stated under 7.4, experience GmbH shall reimburse to the contract partner/participant sums already paid towards the event price pro rata, provided the important reason can be justified by experience GmbH or any of the contracting parties. The amount of any reimbursement payable shall be determined as follows: the event price shall be reduced in the ratio that, at the time the contract was concluded, the value of the event in a flawless condition would represent to the actual value. If the contract partner is responsible for the reasons on which the termination is based, no reimbursement shall be made – pro rata or otherwise.
8. Warranty and liability
8.1. experience GmbH as the event organiser
All events shall be carefully prepared and run by experience GmbH.
In the context of the duty of care of a responsible businessman, experience GmbH shall be liable for conscientious preparation, the choice of administering agencies and the correctness of the description of services taking
the relevant local and national conventions into account. The contract partner/participants shall check personally whether they feel equal to the demands of the event. They shall take personal responsibility for their actions and their physical and mental health. experience GmbH shall not accept liability for disadvantages to the contract partner/participants arising from the fact that participants do not have the prerequisites for participation.
Services which are outside the totality of the performance owed by experience GmbH and are therefore additional services [for example, travel by scheduled public transport] represent third party services for whose flawless performance in conformity with the contract experience GmbH cannot accept liability. The contract
partner/participant is limited to recourse to the third company which provides the third party service.
For services which are performed by third companies in the context of preparing or running an event and do not represent third party services within the meaning of the paragraph above, but represent in-house services, the liability of experience GmbH shall be limited to assigning its claims against these third companies/administering agencies to the contract partner/participant and referring the contract partner/participant to the direct assertion of these claims against the third company/administering agency. Only if the contract partner/participant is unable to realise these claims against third parties shall experience GmbH’s liability remain as provided for within the framework of these terms and conditions.
experience GmbH’s contractual liability for damages other than personal injuries is
limited for events to three times the price of the event if the damage is not caused by experience GmbH with intention or gross negligence or if experience GmbH is only responsible for damage caused to the contract partner because of a fault on the part of an administering agency. The contract partner/participant must undertake to assert warranty claims against experience GmbH within a preclusive period of one month after the
end of the event as scheduled in the contract.
8.2. experience GmbH as administering agency/provider of partial/individual services
If experience GmbH is solely acting as the administering agency/provider of partial or individual services, it shall solely be liable for the service incumbent on it under the contract. Liability on the part of experience GmbH towards customers of experience GmbH’s contract partners is excluded. If experience GmbH for its part uses vicarious agents to perform services, experience GmbH’s liability shall be restricted to assigning its claims against these third companies to the contract partner and referring the contract partner to the direct assertion of these claims against the third company. Only if the contract partner is unable to realise these claims against third parties shall experience GmbH’s liability remain as provided for within the framework of these terms and conditions.
8.3. General liability provisions supplementing the clauses in 8.1 to 8.3
Otherwise, experience GmbH shall only be liable in the event of intention and gross negligence unless the damage comprises an injury to life, limb or health. Liability is also limited to intention in the case of simple vicarious agents. The contract partner must notify experience GmbH of faults immediately after their discovery so that experience GmbH is given the opportunity to remedy them. If no notification is given of faults, warranty claims of the contract partner are in so far excluded. For justifiably notified faults, experience GmbH shall provide a warranty in the form of repair or replacement, i.e. shall remedy the fault. The contract partner must set a reasonable period for experience GmbH to eliminate/remedy faults. The contract partner/participant shall only be entitled to exercise further warranty rights (termination, reduction, compensation for damages) if the remedy in an individual case is negligently omitted despite the setting of a reasonable period or is impossible or unsuccessful despite several attempts.
All claims – particularly warranty claims – against experience GmbH shall become unenforceable due to lapse of time after one year calculated from when the claim arose and in cases in which experience GmbH acts as a travel organiser from the end of the event as scheduled in the contract.
experience GmbH’s services include some for which the performance depends on the cooperation of public authorities, e.g. the procurement of visas. In such cases, experience GmbH shall not be liable for successful performance,
but only for the effort to achieve such success. This applies to the extent that experience GmbH is not responsible for the reasons preventing success. The efforts of experience GmbH/expenses incurred by experience GmbH
as a result must be remunerated by the contract partner.
9. Data storage
The contract partner declares that it agrees to its data being stored. The data shall be used by experience GmbH in the context of contractual performance and customer care.
experience GmbH’s services are based on ideas and concepts which it has developed itself. These are protected as the personal intellectual creation of experience GmbH by copyright law, the provisions of which are also deemed to be agreed if the level of creation required by Section 2 German Copyright Act is not attained.
experience GmbH’s contract partner is prohibited from imitating the services or parts thereof.
In the event of infringements by the contract partner, experience GmbH shall have be entitled to obtain information from the contract party and to require the contract party to refrain from its imitation. Furthermore, the contract partner shall be liable towards experience GmbH for the resulting damage.
11. Choice of law
Only German law shall apply to legal relationships with experience GmbH.
12. Place of performance, place of jurisdiction, saving clause
The place of performance for all present and future rights arising from the business relationship shall be the place of jurisdiction. The place of jurisdiction for all disputes arising between the contracting parties shall be Fulda, provided the contract partner is a fully qualified merchant under the German Commercial Code, a legal person under public law or a special fund under public law. However, experience GmbH shall also be entitled to take legal action at the place of the contract partner’s registered office.
The ineffectiveness of one or more of these terms and conditions shall not affect the validity of the remaining provisions. If ineffective provisions are contained in these terms and conditions, they must be replaced by admissible ones which secure the objects of the contract and the business performance intended by experience GmbH. The provisions of law shall be called upon as an alternative.
Important notes and practical information
The HANSA-FLEX XWORLD tour organised by experience GmbH is an adventurous stage trip. The participants will not always experience the comfort and convenience to which they are accustomed from package holidays and may also expect from XWORLD. Hygiene, reliable services and punctuality are essential for operating tours but are differently defined everywhere you go. The event organiser works with experienced tour guides and endeavours to provide reasonable comfort and the greatest possible level of safety.
The following individual provisions apply:
• Changes to the tour itinerary
In view of the continually changing situation in Africa, it may be necessary to amend the route for current logistical, political and safety reasons. The day stages can also change due to delays and situations on site meaning that we cannot guarantee the precise flight details, individual day stages or overall stages. The event organiser therefore reserves the right to organise accommodation at different locations, to switch between hotels and camping, to deviate from the indicated route, to change excursions and similar. Of course, attention will always be paid to retaining the general overall character of the tour.
• Tour guides
During the trip, the tour guides represent the event organiser and lead the tour group.
Their instructions and decisions must always be followed, especially for the participants’ own safety. If necessary, the tour guide must be supported and assisted with work at campsites, on the vehicle etc. The XWORLD tour benefits from the highest levels of tolerance, flexibility and enthusiasm.
• Requirements to be met by participants
During this tour, the participants are entitled and obliged to independently drive the transport vehicle to the predefined extent, including with any further passengers and equipment/luggage. The participant must therefore have a valid international driving licence and suitable driving skills. The vehicles used are offroad vehicles, which sometimes have to cross very long distances over different terrain in a single day. This can be extremely hard work on sections involving difficult terrain/road conditions. Sand, dust, high humidity, unfavourable altitude and weather conditions and the like can affect the participant’s health and personal effects (e.g. cameras or video recorders) in the respective country. Before booking and starting the tour, the participant should ensure that his/her health can withstand such (potential) strain.
The participant should select his/her clothing on the basis of the local weather conditions to be expected at the time of the tour. Comfortable clothes and suitable footwear for driving are recommended for each stage. If applicable, also remember to take sun cream and headwear. The event organiser shall supply tents and roll mats for camping. Participants must bring their own sleeping bags. We advise you not to bring any valuables and recommend that you do not wear any conspicuous jewellery, do not show large amounts of money in public, always wear any valuables close to your body and always keep a watchful eye on what is going on around you.
Do not store all your cash in one place; it is better to store it in several different places. We also advise you to make copies of all your important documents (passport, driving licence, visa where applicable)
and to store these separately from the originals.
• Vehicles and participant behaviour
The vehicles must be handled with care and driven in a closed group in line with traffic regulations. Alcohol and smoking are completely prohibited while driving.
Smoking breaks can, of course, be arranged. Carrying/purchasing (illegal) narcotics or similar is strictly prohibited. The participant giving rise to any fines or similar shall be liable for these and must bear their costs.
• Transport/flight bookings
The flight is not included in the tour price but we will gladly help you book your flight. If you have any further questions in this regard, please do not hesitate to contact us on +49-(0)661-440772725.
• Film, photographic and sound recordings
The event organiser reserves the right to make or have third parties make film, photographic and sound recordings during the tour and to use these for press and public relations work as well as for marketing purposes. By registering for the tour, the participant agrees to the unrestricted use and distribution of the film, photographic and sound recordings. The participant may only use any such recordings he/she has made for private purposes.
• Number of participants
The minimum number of participants for each stage is six; the maximum number of participants is twelve. The vehicles are generally occupied by two people/participants, who take it in turns to drive. The organiser must inform you that the minimum number of participants has not been reached at least 28 days before the start of the tour to rescind from the tour agreement on these grounds.
• Lone travellers
We will gladly try to find you a travel companion for your tour. If this is not possible, we will charge a
single occupancy room surcharge and possibly a surcharge for the individual use of the vehicle.
• Board and accommodation
All participants receive full board with breakfast, lunch and a group evening meal, including
all non-alcoholic drinks. On days of driving, a long break for a picnic is scheduled at lunchtime. When camping, the evening meal and breakfast are prepared as a group. There are many comfortable hotels along the XWORLD tour, most of which are in the big cities and centres of tourism however. The event organiser always endeavours to offer the tour participants the greatest levels of comfort and adventure. On this XWORLD tour, we initially differentiate between lodge, hotel and camping tours. The camping tours involve a mixture of camping and hotels. When camping, we pay attention to choosing particularly good camp locations so that action-packed days can come to a leisurely end by the campfire. Camping involves both wild camping without sanitary facilities and camping at campsites.
All participants must help set up and take down the camps. To combine the adventure with a little luxury, wherever possible, a stay in a hotel is scheduled every three days at most. You are then awaited by luxury that would appear normal in everyday life but can only be dreamt of in the wild. The hotel accommodation is largely in three to four-star hotels and involves two participants sharing a double room. On special request, situation permitting and subject to an appropriate surcharge, we will gladly also book a single room for you.
• Passports, visas and vaccinations
To travel outside Europe, you must have a passport that is still valid for at least six months after the end of your trip. Tourist visas are also required for 13 stages. These can be applied for from the relevant embassies. If you have any further questions about these, please do not hesitate to call us on +49-(0)661-440772725. Although not required by law, the following vaccinations are still mandatory for the XWORLD tour: diphtheria, tetanus and polio. We also ask that you obtain information in good time about infection and immunisation protection as well as other prophylactic measures and obtain medical advice. To this end, you should refer to general information, in particular from health authorities, doctors experienced in travel medicine, tropical medicine doctors, travel medicine information services or the Federal Centre for Health Education.