Terms and conditions

Dear Customer,
The participation in a package tour is subject to certain laws and regulations. Therefore, you shall enter into a travel contract with us (Rotalis), in our capacity as the tour operator, that follows the provisions of the Swiss Civil Code. All the essential terms and conditions of such a travel contract are indicated below. Please read them carefully.

The services are described in detail in the information to be found under the navigation items "What to Expect" and "Our Bike Tours". The tour is deemed to start by the time the first service is rendered by the tour operator, e.g., when the first hotel room is made available and/or the bicycle is handed over. The meal plan starts with dinner on the day of arrival or with breakfast on the first cycling day and ends with breakfast on the last day of the tour. Breakfast on the first cycling day is not included in tour DA. Our packages also include transportation by car/bus, railway and ship, etc. during the tour as well as all costs incurred in connection with any scheduled visits to places of interest. Note: The costs of visits made on your own and the transportation costs on so-called "rest days" as well as optional activities offered by Rotalis are not included. We reserve the right to modify individual tour services should that become necessary after the travel contract has been signed, provided that such modifications are immaterial and do not impair the overall style of the tour.

Bookings shall be made on the basis of the prices and specifications of services available on www.rotalis.com. We ask you to register on-line and enter your credit card information. Your registration will be deemed a binding offer to enter into a travel contract with us; such travel contract shall also apply to all participants listed in the registration form and you shall accept responsibility for such participants as if their obligations were your own. The travel contract will be deemed concluded upon Rotalis' delivery of the written confirmation of participation. Such binding confirmation will be delivered as soon as possible. You will receive the remaining travel documents about two to three weeks prior to the start of the tour. A downpayment of EUR 170 (except tours „South Africa“, „New Zealand“ and “Vietnam”: EUR 400, Rotalis Bike & Boat: EUR 300) per person is due upon issue of the written confirmation of participation. The remaining payment is due upon issue of the travel documents three to four weeks before your trip. Your credit card will be charged at those times. As stated above, the travel contract will be deemed concluded upon Rotalis' delivery of the written confirmation of participation. Any charges for changes in the reservation, cancellation, etc., regarding your tour will be charged to your credit card account immediately. Considering that the above terms of payment are most convenient for our customers, it is assumed and understood that both parties to the travel contract shall always act in good faith and that performance of the contract will be governed by fairness. Any conceivable defects of the tour package which are of minor importance or impact compared to the overall performance may not be invoked as an excuse for not meeting the payment obligations to Rotalis (e.g., by attempting to revoke the credit card authorization). This principle shall form an integral part of the relationship of mutual trust existing under the travel contract. Each Rotalis customer may be assured that Rotalis will strive to settle all legitimate complaints to the best of our abilities.

If there is a price increase of more than 5%, you are entitled to cancel the tour at no charge. If a reservation is changed to a different tour within 50 days prior to the start of the tour, a fee of EUR 30 per person will be due. However, this shall only apply if you do not find a substitute participant.
If either of two customers booked in a double room cancels the contract, the original registration will be converted into a single-room reservation, with the tour price being adjusted accordingly. In such a case, we expect the remaining customer to be willing to accept a room of a lower standard or to stay the night and have breakfast at a different hotel or Bed + Breakfast, if this should be necessary at some stops; however, this shall apply only in case no substitute participant registers for the vacancy in the double room.

The following cancellation fees will be charged for tours in Europe:
Before the 50 th day prior to the start of the tour: 5 % of the confirmed tour fare, EUR 50 max. per person.
From the 49th to 40th day prior to the start of the tour: 10% of the confirmed tour fare.
From the 39th to the 8th day prior to the start of the tour: 60% of the confirmed tour fare.
From the 7th day to the day prior to the start of the tour: 80% of the confirmed tour fare.
At the starting date of the tour or in case you fail to show up at the start of the tour without giving prior notice to Rotalis, a fee of 90% of the confirmed tour fare will be charged.

The following cancellation fees will be charged for tours outside Europe:
Before the 50 th day prior to the start of the tour: 8 % of the confirmed tour fare, EUR 250 max. per person.
From the 49th to 40th day prior to the start of the tour: 10% of the confirmed tour fare.
From the 39th to the 8th day prior to the start of the tour: 60% of the confirmed tour fare.
From the 7th day to the day prior to the start of the tour: 80% of the confirmed tour fare.
At the starting date of the tour or in case you fail to show up at the start of the tour without giving prior notice to Rotalis, a fee of 90% of the confirmed tour fare will be charged.

The customer canceling his/her tour will be free to prove that the cancellation costs are lower than the lump-sum fees mentioned above. However, it is required that the Rotalis office is promptly notified of the cancellation, first by telephone and subsequently by written confirmation.
You can protect yourself against the cost risk in the event of cancellation by taking out cancellation insurance. We strongly recommend that you take out travel cancellation insurance. Your travel professional can advise you.

Rotalis reserves the right to call off a tour if a minimum number of six (6) participants for tours in Europe / eight (8) participants for tours outside Europe and Rotalis Bike & Boat is not reached. For Rotalis Bike & Boat the minimum number of passengers on the ship is 85 (including non-Rotalis guests). In such cases, the cancellation will be made five (5) weeks prior to the beginning of the tour at the latest.
This guarantee shall not apply if we have to call off a tour, or discontinue a tour, due to events of force majeure, e.g., war, riots, civil unrest, Acts of God, etc., which jeopardize the safe organization and implementation of the tour in the best interest of our customers.

Rotalis has the right to terminate the travel contract with a participant without notice if such participant persistently disturbs, interferes with, or jeopardizes the cycling tour despite having been warned. We trust you understand that such termination is justified also in order to safeguard the best interests, and the expectations, of the other participants with regard to the holidays booked with Rotalis. In such a case, however, Rotalis retains the right to claim payment of the tour fare, less any travel expenses saved, if applicable. Any extra costs arising from return transportation shall be borne by the excluded participant.

For Rotalis Bike & Boat
Before the 120th day prior to the start of the tour: 5% of the confirmed tour fare.
From the 119th to the 60th day prior to the start of the tour: 20% of the confirmed fare.
From the 59th to 40th day prior to the start of the tour: 40% of the confirmed tour fare.
From the 39th to the 8th day prior to the start of the tour: 60% of the confirmed tour fare.
From the 7th day to the day prior to the start of the tour: 80% of the confirmed tour fare.
At the starting date of the tour or in case you fail to show up at the start of the tour without giving prior notice to Rotalis, a fee of 90% of the confirmed tour fare will be charged.

Within the limits of our obligation to exercise the care and diligence of prudent businessmen, we warrant that the description of all specified travel services is correct at the time of the update of the website, that the service providers (hotels, carriers and others) have been properly selected and procured and that the tours have been conscientiously prepared and will be implemented with all due care. Transportation by rail, bus, cog wheel train, cable car, ship, canoe and the like during the trip are services which are only procured by us as agents and shall be subject to the terms and conditions of the respective carrier; such terms and conditions shall also govern the limit of liability of Rotalis. If a visit scheduled in the program is impracticable for reasons beyond our control (renovation of churches and the like), we cannot be held responsible. If an unforeseen event of force majeure (e.g., war, riot and civil unrest, Acts of God) occurs and it must be expected, on the basis of an objective weighing of all circumstances, that carrying out the tour would become substantially more difficult or involve a substantial risk, the participant and/or Rotalis may each give notice of termination of the travel contract. This provision shall also apply if the tour has already started. However, in such a case Rotalis retains the right to adequate compensation for the travel services already performed or yet to be performed until the end of the tour. If the package includes a return trip by air, the participant and Rotalis shall bear the extra costs for the return trip in equal shares. You will participate in the cycling tours at your own risk. This provision shall also apply to other activities such as hikes, boat and canoe trips included in the cycling tour, and it is understood that participation in such activities is voluntary at all times (bike routes are always available as an alternative). The responsibility for complying with the road traffic regulations shall lie with you. You shall be liable for any loss, damage or injury you may cause to third parties. If you have personal liability insurance, it may provide coverage for such contingency. We are liable to you for compensation of the loss of or damage to your baggage only if such loss or damage is attributable to intent or gross negligence on our part. In other respects, our liability for damages on account of mal-performance of the contract is limited to an amount corresponding to three times the tour price, provided that the loss or damage has not been caused by us either intentionally or by gross negligence or if we are responsible solely on account of fault of a service provider selected by us. Our liability for damages in tort is limited to EUR 4,100 per participant in case of personal injury or to three times the tour price in case of property damage, except in cases of intent or gross negligence on our part. Any responsibility on our part is excluded if the participant fails to comply with any instructions issued by us in his/her best interest (e.g., for safety reasons). We suggest that you protect yourself against such risks by taking out accident and/or baggage insurance. Minors may only participate if accompanied by a parent or (legal) guardian. If you have reason for complaint, please advise your tour guide or Rotalis thereof without delay. It is understood and agreed that our tour guides are not entitled to acknowledge claims. In addition, any claims against us will be deemed to exist only on condition that they are asserted with us not later than one month after the contractually stipulated end of the tour. Contractual claims for damages shall become statute-barred after one year, claims in tort shall become statute-barred after three years.

Verbal agreements shall not be effective unless confirmed by us in writing. Services, fares and prices are subject to change, and we reserve the right to correct errors, including typographical errors and errors in calculation. Any and all disputes arising out of or in connection with the travel contract shall be resolved exclusively by Swiss courts and shall be governed by Swiss law. This provision shall also apply if the contractual relationship on which the litigation is based has been entered into between so called "Vollkaufleute", i.e., fully qualified merchants as defined in the Swiss Commercial Code, and the participation of one of the contracting parties in the tour is not the only subject-matter of the contract.

If air transportation is part of the Rotalis package, scheduled and/or confirmed flight times are subject to change. For Rotalis Bike & Boat trips the tour operator is authorized to transport the guests by bus and stay overnight in hotels, if high or low water levels prevent the cruise ship from operating or the ship is not able to operate due to mechanical problems. A change to a different ship may be necessary.

By signing the travel contract you agree that any photographs taken during the tour by Rotalis tour guides or fellow travelers may be used by Rotalis for their company advertising, in particular for the Rotalis catalog and the Rotalis website.

Tour operator:
Rotalis Reisen GmbH
Georg-Wimmer-Ring 14
85604 Zorneding bei München

Telefon: +49 (0) 8106 35 91 91
Fax: +49 (0) 8106 34175

E-Mail: info@rotalis.com
www.rotalis.com


Editorial deadline for the website:
5. Dezember 2012