"To begin with - just a few words!"
It gives us great pleasure to travel with you through India on our Enfield motorbikes. We will do everything possible to ensure that you fully enjoy your trip and later recall those great weeks you spent with us.
Being mature persons we know quite well that, while both contracting parties have the best of intentions, time and again misunderstandings do occur between them. In order to avoid such things from happening, we have stipulated our General Terms and Conditions for Travelling.
Our General Terms and Conditions for Travelling supplement §§ 651a and foll. of the BGB - (German Civil Code) and form the legal basis of the travel contract between you and Messrs. Wheel of India GmbH. They are based on the recommendations of the German Travel Agency Union (DRV).
By booking your trip you accept these General Terms and Conditions for Travelling.
1. Conclusion of the travel contract
1.1 With your booking you confirm the conclusion of the contract with Messrs. Wheel of India GmbH as agreed.
1.2 The booking can be done via the internet, in writing, directly or on phone. The applicant may make the booking for himself and also on behalf of other participants listed on his application form. In that case, the applicant has to submit a written declaration accepting responsibility for fulfilling the contractual obligations for himself, as well those included in his application form.
1.3 The contract is considered as signed when the tour operator accepts the application. The acceptance of such an application does not require any specific formality. The tour operator hands over to the customer a travel confirmation either at the time of the signing of the contract or immediately after it.
1.4 In case, the contents stated in the the travel confirmation are different from those mentioned in the application form, Messrs. Wheel of India GmbH are obliged to send a new offer which is valid for a committment period of 10 days. The contract is concluded on the basis of this new offer when you as customer, declare to the tour operator your acceptance of the offer within the committment period. The contractual acceptance can also be done by paying the travel amount agreed upon.
2. Payment
2.1 In accordance with § 651 k sec. 3 of the BGB - (German Civil Code) after the contract is concluded and a travel voucher is handed over to the customer, an initial payment of 15% of the travel amount per person is due. The rest has to be paid latest by 28 days before the tour commences when tickets and other travel information are handed over.
2.2 If the time period between the conclusion of contract and the commencement of the tour is less then 28 days, then you have to immediately pay the total travel amount. You will then receive the travel documents and the travel voucher.
3. Service
3.1 The services stipulated in the contract are mentioned on our website (www.Wheelofindia.de), in our the brochure as well on the travel confirmation.
3.2 The information given on our website are binding. We have the explicit right, to make changes of details mentioned in our brochure before the booking is done. You will however be informed in writing, before you make the booking.
4. Changes in price and services
4.1 Changes of individual travel services deviating from those services agreed upon in the travel contract which, after conclusion of contract are deemed necessary, can only be permissable if they are not contrary to good faith, are not substantial and do not affect the entire concept of the tour booked.
Possible warranty claims remain unaffected so long as the changed services are not proper.
4.2 Messrs. Wheel of India GmbH reserve the right to change the price offered and confirmed on booking in case of an increase of costs such as transportation costs or increase in fees for certain services such as Port - or airport fees or if there are changes in the foreign exchange rates for that particular tour. The price would be changed to such an extent that it will have an effect on the travel amount per person, per seat. This is only when there is a gap of over four months between the conclusion of contract and the date of travel.
4.3 In case of a change in the travel amount or in case of substantial changes in travel services, we shall inform you immediately. Price changes 20 days prior to travel are not permissible. In case of price changes over 5% or substantial changes in travel services, you have the right to repudiate the contract without having to pay any booking costs and also the right to demand from Messrs. Wheel of India GmbH a similar tour at the price booked.
4.4 The traveller can make use of this right immediately after being informed by the tour operator about the price increase or of a change in service
5. Cancellation of booking through the customer, change in reservation, substitute persons
5.1 You can, at any moment, before the commencement of the tour, cancel your booking. It is important that the tour operator receives information about your travel cancellation. We recommend that you send the cancellation of your travel booking in writing.
5.2 If you cancel the travel contract or you do not travel at all, or not come to the airport at the time mentioned in the travel documents, then we can demand a refund from you for the travel arrangements already made and for the expenditures incurred. Taking into account the expenses saved and also considering the possibility of using the travel services elsewhere, the cancellation fees of Messrs. Wheel of India GmbH are at flat rates .
5.3 Standard Cancelling fees
| Up to 95 days before commencement of the tour | 25% | ||
| From 94 to 45 days before commencement of the tour | 50% | ||
| From 44 to 8 days before commencement of the tour | 75% | ||
| From 7 days before commencement of the tour | 80% | ||
| For not travelling | 80% | ||
| The customer has the right to show that the real cost is less than the standard cancelling fees. | |||
5.4 Till upto the time the tour commences you may ask a third person to travel in your place and take over the contractual responsibilities. We however could object to this person if he or she does not fulfill special travel requirements or if the person's participation stands in way of legal regulations or official instructions.
In case a third person is included as a substitute in the contract with you, you along with the substitute, will be liable as co-debtors for the travel amount and charges for the inclusion of the substitute.
5.5 Up to 45 days before the commencement of the tour we charge a handling fee of
6. Services not used
If some services are not availed of due to a premature returning back or for other compelling reasons, we will strive to get a refund of the expenditures saved from the service providers. This obligation is void, if it concerns very insignificant services or if legal or official regulations oppose such refunding.
7. Termination and Cancellation by the tour operator
Messrs. Wheel Of India GmbH may withdraw from the travel contract before or after the tour in the following cases:
7.1 Without the observance of a time limit, the tour operator may immediately cancel the contract with a customer in case he causes a lot of disturbances during the tour regardless of a warning given by Messrs. Wheel Of India GmbH, or when the customer behaves in a manner that is contrary to the contract stipulated with him. This cancellation is hence justified. In case of a termination, we hold the right to keep the balance of the travel price minus the saved expenditures, other benefits that are obtained from services not used, as well as refunds given by the service providers.
7.2 The tour could be cancelled up to six weeks before the commencement of the tour, if the minimum number of participants mentioned in the travel catalogue and /or in the travel confirmation isn't attained. In this case we shall inform you immediately and send you the cancelled trip confirmation. We shall also transfer back the money paid by you.
7.3 The tour could be cancelled up to six weeks before the commencement of the tour, after all possibilities have been fully utilized, and the implementation of the tour is not found reasonable for Messrs. Wheel of India GmbH because the reservations for the particular tour are few. Not cancelling means that costs of the tour implemented for Messrs. Wheel Of India GmbH would exceed the economic limit. The tour operator has these cancellation rights only if he is not responsible for the circumstances leading to it (for e.g. no miscalculation) and he can prove it.
If the tour for this reason is called off, then you will get back the deposited travel amount immediately.
8. Cancellation of the contract due to unusual circumstances
8.1 If due to circumstances, unforeseeable at the time of the conclusion of contract, the tour is endangered, affected adversely or made difficult, then both the parties have the right to cancel the contract. If the contract is cancelled, we have the right to demand an appropriate reimbursement for services already availed of or for services that will be availed of till the completion of the tour.
8.2 We are obligated to meet the necessary measures, in particular, if the contract covers the transportation to take you back. Extra costs for the return transport are to be shared equally by both parties. All remaining extra costs will have to be covered by you.
9. Liability
The tour operator, within the scope of a businessman, is liable for exercising due care for:
- The conscientious travel preparation
- The careful selection and the monitoring of the service providers
- The correct description of all services indicated in the catalogues, insofar as the tour operator, as per point 3, has not announced a change of the tour in the information brochure prior to the conclusion of the contract.
- The offering of services agreed in the contract.
- For faults caused by persons providing the service.
10. Guarantee
10.1 Refund
If the tour was not implemented by us as stipulated in the contract, then you have the right to ask for a refund. We can refuse a refund when it concerns a disproportionate amount. We can also refund you by providing a service of equal value.
10.2 Reduction of the travel price
For the duration of a nonstipulated adduction of the tour, you may demand an appropriate reduction of the travel price. The travel price is to be proportionally reduced to the value of the tour, which was commended perfect at the time of sale. The reduction is not possible, if you fail to act and not mention the faults.
10.3 Cancellation of Contract
If a tour is substantially impaired due to faults and if the tour operator does not remedy them within an appropriate period of time, then you may, within the framework of legal regulations in your own interest, and due to reasons for perpetuation of evidence, cancel the travel contract in writing. The same is the case when you cannot be expected to go on a tour which is improper due to reasons which we are aware of. The regulation of the refund period is not necessary, when a refund is impossible, refused by us, or when an immediate cancellation of the contract is made due to your special interest.
Insofar as the services availed by you were of interest to you, you owe us the part of the travel price related to these services.
10.4 Recompensation
Irrespective of reduction or cancellation of contract, you may demand payment of compensation for damages due to non-fulfillment. However, this is not the case if shortcomings of the tour arise due to circumstances for which we cannot be held responsible.
11. Restriction of Liability
11.1 Our liability in contract for damages, excluding physical injuries, is limited to thrice the travel price.
- Insofar as a damage to the traveller was caused neither wilfully and knowingly nor due to gross negliegence, or
- So far as we are solely responsible for damages caused to you due to shortcomings of a service provider.
11.2 For all damage claims in tort against Messrs. Wheel of India GmbH, which are not based on wilful neglect or gross negligence, the tour operator is liable for property damages upto a sum of Euro 4,100.- - this sum exceeds three time the travel price, the liability for damage is limited to thrice the travel price. These maximum sums of liability are valid for each time, traveler and tour.
11.3 The tour operator is not responsible for impairment of services which are rendered by an outside party (e.g. visits to theatres , exhibitions etc.).
11.4 A claim for damages against the tour operator is insofar limited or excluded, when international agreements or laws based on it apply to service providers and their services. A claim for damages against the service provider can be asserted under certain conditions or restrictions, or are excluded undercertain prerequisites.
12. Obligation to cooperate
12.1 In case of the occurance of disturbances while services are being provided, the traveller is obligated to cooperate within the framework legal regulations to either avoid possible damages or minimise them.
12.2 The traveller is obligated to immediately make complaints or express his objections to the local travel management. They are in charge of offering help, should this be possible. If the traveller wrongfully refrains from complaining about a shortcoming then he has no right to claim a reduction of the contracted price.
13. Exclusion of rights to claim and statute of limitations
13.1 Claims due to a nonstipulated adduction of the tour should be asserted by you to Messrs. Wheel of India GmbH, Hauptstr. 20, D-29640 Schneverdingen within a month's time after the envisaged conclusion of travel. After the period set expires, you may only then assert your claims if you were prevented from observing the time limit and you are not to be blamed for it.
13.2 Claims asserted in accordance with §§ the 651 c till upto 651 f BGB - (German Civil Code) fall under the statute of limitations for a period of one year. The expiration commences with the day on which the tour as contracted ends . If negotiations between the traveller and the tour operator on a claim or circumstances justifying the claim are pending, then the statute of limitations is suspended , till upto the time period when the traveller or the tour operator refuses the continuation of the negotiations. The statute of limitations occurs earliest three months after the end of the restraint.
14. Passport, Visa and Health regulations
14.1 Messrs. Wheel of India GmbH is responsible to inform nationals of the country in which the tour is offered about passport, visa and health regulations and possible changes thereof before the tour begins. For nationals of other countries the respective consulates will give the necessary information.
14.2 We are not liable for the punctual granting of the necessary visas by the respective diplomatic missions and not even then when you request us to apply for a visa for you. We would only then be liable if we are to be blamed for causing the delay.
14.3 For regulations on passport, visa, customs, foreign exchange and health , kindly refer to these on our website under the menu Service. These regulations are for travellers with German passports. For travellers holding other nationalities a seperate clarification from the respective consulates is absolutely necessary. You are responsible for complying with all laws and regulations necessary for implementation of the tour. All disadvantages in particular the costs for withdrawl which arise from the non-observance of the regulations are to be paid by you, so long as we are not made responsible for giving wrong or incorrect information.
15. Invalidity of individual regulations
The invalidity of individual regulations of the travel contract does not entail the invalidity of the entire travel contract.
16. Name and address of the tour operator
Wheel of India GmbH
Hauptstr. 20
D-29640 Schneverdingen
Version: October 2006
© 2002-2005 Wheel of India GmbH