Terms and Conditions (Summary)

 

1. Conclusion of contract
By registering (ordering), the customer makes a binding offer to conclude a contract. Registration can be done in writing, verbally, or by telephone. The contract is concluded upon acceptance (confirmation) by the organizer, Gamann Canoes. Acceptance does not require any specific form. The customer will receive a written booking confirmation at or immediately after conclusion of the contract.“

2. Services
The scope of services to be provided by us is defined by the content of the booking confirmation and the applicable travel description, in particular the travel catalog. Changes to individual travel services from the travel description that become necessary and are not brought about by Gamann Canoes in bad faith are permitted, provided that the deviations are not significant and do not affect the overall nature of the trip.
Gamann Canoes is obligated to inform customers immediately of any significant changes or deviations in services. In the event of a substantial change to an essential travel service, the traveler is entitled to withdraw from the travel contract without penalty or to request participation in a trip of at least equivalent value, provided the tour operator is able to offer such a trip from its portfolio without additional cost to the traveler. The traveler must assert these rights immediately after receiving notification of the change to the travel service from the tour operator.

3. Payment
Payments towards the travel price before the end of the trip may only be made upon presentation of the insolvency protection certificate as defined in § 651k para. 3 of the German Civil Code (BGB). A deposit of up to €20 of the travel price may be required upon conclusion of the contract. Unless otherwise agreed, the full payment is due no later than upon arrival.
If the trip lasts no longer than 24 hours, does not include an overnight stay, and the price of the trip does not exceed €75.00, the full price of the trip may be demanded even without issuing a security certificate.

4. Termination by Gamann Canoes
Gamann Kanu may terminate the travel contract without notice after the start of the trip if the customer persistently disrupts the trip despite a warning from Gamann Kanu, or if their conduct is so contrary to the contract that immediate termination is justified. (We would particularly like to draw attention to alcohol consumption and inappropriate behavior in nature.) In this case, Gamann Kanu retains the right to the full tour price, but must deduct any expenses saved and any benefits gained from using the unused services elsewhere.
Gamann Kanu can withdraw from the travel contract up to two weeks before departure if the travel advertisement for the respective trip indicates the minimum number of participants and the deadline by which the declaration must be received before the contractually agreed start date of the trip, and if the minimum number of participants stated in the travel description is not reached.

Gamann Kanu is obligated to inform the customer immediately if it becomes clear that the trip will not take place due to insufficient participants. In the event of a cancellation, the customer may request participation in an alternative trip of at least equivalent value, provided Gamann Kanu is able to offer such a trip from its portfolio at no additional cost to the customer. The customer must assert this right immediately after receiving notification of the cancellation.

5. Withdrawal from the contract
The customer has the right to withdraw from the contract at any time. In the event of withdrawal, Gamann Kanus is entitled to the following flat-rate compensation per person, taking into account normally saved expenses:
up to 30 days before the start of the canoe tour
25 %
from the 29th day until the 14th day before the start of the canoe tour
25%
from the 13th day until the 7th day before the start of the canoe tour, as well as in case of no-show
50 %
7. before the start of the canoe trip and in case of non-attendance
75 %
in case of unannounced absence
90%
The date of receipt of the cancellation notice by Gamann Kanus is decisive for the calculation of the cancellation fee. Gamann Kanus expressly reserves the right to claim higher compensation. However, this must be specifically itemized and substantiated to the customer. The customer is permitted to prove that Gamann Kanus incurred no costs or lower costs than the aforementioned flat rate. In this case, the customer is only obligated to pay the actual costs incurred.

6. Deficiencies in the trip, duty of the traveler to cooperate
The traveler is obligated to report any defects to the tour operator, Gamann Kanus. They must minimize and avoid any potential damage. If the trip is significantly impaired due to a defect, the traveler may terminate the contract. Before terminating the travel contract, they must grant the tour operator a reasonable period to remedy the defect, unless remedying the defect is impossible, refused by Gamann Kanus, or unless immediate termination of the contract is justified by a special interest of the traveler. Claims for services not rendered in accordance with the contract must be asserted by the traveler within one month of the contractually agreed end of the trip to Gamann Kanus GbR, Managing Director Christian Gamann, Jahnweg 4a, 59555 Lippstadt, Germany.

7. Liability
Gamann Kanu's contractual liability for damages other than personal injury is limited to three times the travel price, provided that the customer's damage is not caused intentionally or by gross negligence, or provided that Gamann Kanu is solely responsible for damage incurred by a customer due to the fault of a service provider.
For all claims for damages against Gamann Kanu arising from tortious acts not based on intent or gross negligence, Gamann Kanu's liability for property damage is limited to three times the tour price. These maximum liability amounts apply per customer and per tour.

8. Statute of limitations
All claims of the customer against the company Gamann Canoes, with the exception of claims arising from tort.
Claims become time-barred one year after the contractually agreed end of the contract. The customer is not entitled to assign claims arising from the travel contract to third parties.

9. Place of jurisdiction
The travel contract is governed exclusively by German law.

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.