General Terms and Conditions of TripUp GmbH
1. SCOPE OF APPLICATION, LEGAL RELATIONS
1.1.. These general terms and conditions apply to all excursions booked with TripUp GmbH (hereinafter referred to as “TripUp”) via the portal www.meine-landausflüge.de, unless otherwise expressly stated.
1.2.. TripUp GmbH, Mönckebergstr. 13 in 20095 Hamburg operates the website www.mycruiseexcursion.com (in the following “portal”). Via the portal it offers shore excursions to various cruise destinations worldwide. In this context TripUp acts as provider of shore excursions and thus as service provider. A contract is concluded between the customer and TripUp for the provision of the booked tourist service, the respective shore excursion. No package tour contract is concluded between TripUp and the customer. TripUp does not act as tour operator.
1.3.. For trips that are in the category “On your own”, TripUp only presents the offer of its partner, GetYourGuide Deutschland GmbH, on the portal. The customer is redirected to the website of GetYourGui-de Deutschland GmbH for booking. In these cases, the General Terms and Conditions stated in the booking section on the website of GetYourGuide Deutschland GmbH apply. TripUp does not act as service provider, tour operator or travel agent in this context.
2. CONCLUSION OF CONTRACT
2.1 Contract basis, submission of offers
The contract between the customer and TripUp is concluded on the basis of the service description of the respective excursion posted on the portal. The service description does not represent a legally binding offer to conclude a contract for the shore excursion, but only an invitation to submit an offer to conclude a contract. The customer offers TripUp the conclusion of a contract for the shore excursion by pressing the button “book now”.
2.2 Requirements of the booking
A booking can only be made by persons with unlimited legal capacity. The booking must be made under the official name of the booking customer. Bookings for shore excursions under a pseudonym etc. are not permitted. TripUp may delete bookings under pseudonyms, false names, etc. and exclude the respective customer from future use of the portal. Furthermore, the customer is obliged to provide only truthful information in the context of the booking and to keep it up to date.
2.3 Booking for fellow travellers
If the customer books a shore excursion for several travelers, he is responsible for all contractual obligations of the travelers as for his own, as far as he has taken over this obligation by explicit and separate declaration.
2.4 Conclusion of the contract
The customer will receive an immediate electronic confirmation of receipt of his registration for the booked excursion. This is only a confirmation of receipt, not an acceptance of the offered contract. The transmission of the registration by pressing the button “book now” does not constitute a claim of the customer to the conclusion of a contract. The contract is only valid upon receipt of TripUp’s confirmation of the contract by the customer, which is sent on a permanent data carrier (this enables the customer to keep or store the declaration unchanged in such a way that it is accessible to him within a reasonable period of time, e.g. on paper or by e-mail).
If the content of the confirmation of the booked shore excursion differs from the content of the booking, a new offer from TripUp exists, to which TripUp is bound for a period of 3 days. The contract is concluded on the basis of this new offer, as far as TripUp has pointed out the change with regard to the new offer and the customer has declared acceptance to TripUp by explicit declaration or implied by down payment within the binding period.
2.5 Conditions of Participation
TripUp can set participation requirements for the offered excursions. These can be found in the respective service descriptions of the excursions. It is the customer’s responsibility to fulfill and comply with these conditions. TripUP and its agents reserve the right not to admit the customer to the booked excursion or to exclude the customer from such an excursion if the customer objectively does not fulfill the conditions and poses a threat to the feasibility of the excursion, to himself or to other participants. In this case the paid price will not be refunded.
3. PRICES, PAYMENT, MATURITY
3.1 The prices stated on the portal at the time of booking shall apply. The prices quoted include the statutory value added tax and all other price components, with the exception of any additional costs that may be specified separately. Additional costs indicated separately are usually to be paid to the service provider on site during the booked excursion. All prices are due with the submission of the offer and are settled according to the payment method chosen by the customer. Payment can be made by the means of payment specified at the time of booking (credit card, SEPA direct debit, instant bank transfer or PayPal).
3.2 The customer is entitled to redeem a TripUp voucher as part of the payment. Only one voucher can be redeemed per booking. The voucher can only be redeemed in the booking section before the booking is completed. A subsequent redemption of the voucher is not possible. The vouchers must be redeemed within the specified validity period. The value of the voucher can only be redeemed once. It is not possible to pay out the value of the voucher. The voucher can only be redeemed for booking excursions via the portal. In case of misuse of the voucher, e.g. if we recognize multiple use, unauthorized publication or unauthorized duplication of vouchers during the booking process, TripUp can block the vouchers or only accept the voucher that is most favorable for TripUp. In this case TripUp is entitled to issue a separate invoice to the customer following the booking.
3.3 If the customer does not make payment in accordance with the agreed due dates, although TripUP is willing and able to provide the contractual services in a proper manner and no legal or contractual right of retention exists for the customer, TripUP is entitled to withdraw from the contract for the booked excursion after a reminder with setting of a deadline and charging the customer with withdrawal costs according to clause 5.
4. CHANGES OF CONTRACT CONTENTS/PROGRAM CHANGES
4.1 Deviations of essential characteristics of the booked excursion, which become necessary after the conclusion of the contract and were not caused by TripUp in bad faith, are permitted to TripUp before the beginning of the booked excursion, as long as the deviations are insignificant and do not affect the overall design of the booked excursion.
4.2 TripUP is obligated to inform the customer about changes in services immediately after the reason for the change has become known, in a clear, comprehensible and highlighted manner on a permanent data carrier.
4.3 In the event of a significant change in an essential characteristic of the booked excursion or in the event of a deviation from special requirements of the Customer which have become part of the contract, the Customer is entitled, within a reasonable period of time set by TripUP simultaneously with the notification of the change, either to accept the change or to withdraw from the contract free of charge or to demand participation in another excursion if TripUP has offered participation in such an excursion.
4.4 Possible warranty claims remain unaffected. If TripUp had lower costs for the execution of the substitute excursion with an equivalent quality, the difference must be refunded to the customer.
5. WITHDRAWAL BY THE CUSTOMER BEFORE THE START OF THE EXCURSION, WITHDRAWAL COSTS
5.1 Before the start of the excursion, the customer may withdraw from the contract for the booked excursion at any time. The withdrawal must be declared to TripUp. The customer is advised to declare the withdrawal on a permanent data carrier.
5.2 If the customer withdraws before the start of the excursion or does not take part in the excursion, TripUp loses its claim to the agreed price. Instead, TripUP may demand reasonable compensation, provided TripUP is not responsible for the withdrawal or if extraordinary circumstances occur at the destination or in its immediate vicinity, which considerably impair the execution of the excursion. The amount of the compensation is determined by the agreed price for the booked excursion less the value of the expenses saved by TripUp and less what TripUp acquires through other use of the excursion, which must be justified by TripUp at the request of the customer. The compensation will be calculated according to the time of receipt of the notice of withdrawal. The customer will be reimbursed the full price of the excursion up to 15 days before the date of performance. From the 14th day before the service date, the customer shall pay compensation in the amount of the full price for the excursion.
5.3 For certain excursions (e.g. private excursions) individual cancellation policies may apply. These will be agreed with you by e-mail in individual cases.
5.4 If a credit card payment is not honored or is revoked before the booked excursion is used, this will be considered as a cancellation of the booking and cancellation fees will be charged according to the above mentioned scale. The right to further claims for damages is reserved.
5.5 In any case, the customer is entitled to prove that the reasonable compensation to which TripUp is entitled is significantly lower than the flat-rate compensation demanded by the customer.
5.6 TripUp reserves the right to demand a higher, individually calculated compensation instead of the aforementioned lump-sum compensation, if TripUp proves that it has incurred significantly higher expenses than the applicable lump-sum compensation. In this case, TripUp is obliged to concretely quantify and justify the demanded compensation, taking into account the saved expenses as well as what TripUp acquires through other use of the excursion.
5.7 If TripUp is obligated to refund payments made by the Customer as a result of the withdrawal, TripUp must make these payments immediately, in any case within 14 days after receipt of the Customer’s notice of withdrawal.
5.8 If the Customer does not accept a booked excursion or partial services of the booked excursion, which TripUp was able to provide in accordance with the contract, for reasons attributable to the Customer, the Customer shall not be entitled to a proportional refund of the price for the booked excursion, unless such reasons would have entitled the Customer to withdraw from the contract free of charge or to terminate the contract in accordance with the statutory provisions.
6. WITHDRAWAL AND TERMINATION BY TRIPUP
6.1 TripUp will inform the customer in the service description of the excursion on the portal about the minimum number of participants for the respective excursion. TripUp has the right to cancel the excursion due to failure to reach this minimum number of participants and to withdraw from the contract. As a rule, TripUp will inform the customer no later than 14 days before the agreed start of the excursion whether the booked excursion will take place. Should it become apparent at an earlier date that the minimum number of participants cannot be reached, TripUp will inform the customer immediately and exercise its right to withdraw from the contract. The customer will be informed in due time of any deadlines for the notification of the minimum number of participants that deviate from this rule. If the excursion is not carried out for this reason, TripUp will immediately, and in any case within 14 days after receipt of the notice of withdrawal, refund any payments already made to the price of the excursion.
6.2 TripUp may withdraw from the contract prior to the start of the excursion if TripUp is prevented from fulfilling the contract due to unavoidable, exceptional circumstances; in this case TripUp must declare its withdrawal immediately after becoming aware of the reason for withdrawal. If TripUp withdraws from the contract, TripUp loses its claim to the agreed price.
6.3 TripUp may terminate the contract with the customer concerning the excursion without notice if the customer persistently disturbs TripUp despite a warning from TripUp or if the customer behaves in such a manner contrary to the contract that the immediate termination of the contract is justified. This does not apply if the behavior contrary to contract is causally based on a violation of TripUp’s obligations. If TripUp terminates the contract, TripUp retains the right to the agreed price for the booked trip. TripUp must, however, have the value of the expenses saved and the benefits gained by TripUp from any other use of the unused trip credited to its account.
7. LIMITATION OF LIABILITY
7.1 The liability of TripUp and its vicarious agents for culpably caused damages is excluded, unless the damage was caused by intent or gross negligence; this does not apply to
– damages resulting from injury to life, body or health or
– the culpable breach of essential contractual obligations, i.e. obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely.
7.2 In case of a breach of essential contractual obligations, which is not based on intent or gross negligence, Tripup’s liability is limited to the damage, which Tripup has foreseen at the time of the conclusion of the contract as a possible consequence of the breach of contract or should have foreseen considering the circumstances, which Tripup knew or should have known. The same applies to grossly negligent conduct of simple vicarious agents outside the area of essential contractual obligations as well as to damages to life, body or health.
8. INSURANCE SERVICES
Together with ERGO Reiseversicherung AG, TripUp GmbH offers an excursion delay insurance as well as a travel accident insurance. These services are already included in the prices quoted.
8.1 “Back-to-ship” guarantee / excursion delay insurance
The excursion delay protection applies if you miss your boat by at least 45 minutes due to a delay in your return through no fault of your own, for example due to traffic congestion or a delay in the use of public transport during the excursion. The additional costs of the subsequent trip will be reimbursed up to EUR 1,000 per person, as well as additional expenses for accommodation and meals up to EUR 100 per person. If it is only possible to board the ship on the day after next, these rates are increased to EUR 200.
Please address claims from the excursion delay insurance directly to
Mönckebergstr. 13 in 20095 Hamburg
We, TripUp GmbH, are insured with a quota of 50% with ERGO Reiseversicherung AG within the framework and to the extent of the insurance conditions attached to your booking (special part for the excursion delay protection), TripUp pays the other 50% for you. If you have to claim benefits from the excursion delay cover, you must comply with the described terms and conditions of insurance. The only exceptions to the above-mentioned conditions are excursions where the meeting point and place of return of the guests is not at the cruise port (usually standard tours with central meeting point). Corresponding information on the meeting point can be found in the respective product descriptions.
8.2 Travel Accident Insurance
We, TripUp GmbH, have a travel accident insurance for all participants with ERGO Reiseversicherung AG within the framework of a group insurance contract with the following insured sums:
– EUR 25,000 death / EUR 50,000 disability
– Accumulation limit: total € 5 million
including the following extensions in case of an accident during the insured shore excursion:
– Reimbursement of search/rescue/recovery costs up to EUR 10,000
– Daily allowance for subsequent accidental stay in the cabin or in the infirmary: EUR 50 per 24 hours, max. EUR 250 per person and trip
As a participant in an excursion, you automatically join this group insurance contract as an insured person through your booking with meine-landausfluege.de, unless you expressly declare at the time of booking that you do not wish to take advantage of this insurance cover.
With the confirmation of receipt you will receive the insurance certificate (Versicherungsschein), from which you can see the insurance conditions and further details.
After the occurrence of an insured event, the insured person is obliged to report the damage to the
ERGO Travel Insurance AG
Thomas-Dehler-Strasse 2, D-81737 Munich
P.O. Box 80 05 45, D-81605 Munich
9. DATA PROTECTION
10. FINAL PROVISIONS
The invalidity of individual provisions of the contract does not result in the invalidity of the entire contract or of the conditions mentioned here.
German law applies. For contracts with merchants, the exclusive place of jurisdiction is Hamburg.
TripUp refers to the European online dispute resolution platform, available at ec.europa.eu/consumers/odr/, for all contracts for excursions and other travel services booked via the portal. Tripup is not willing and obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Status: February 2020
TripUp GmbH, Hamburg