Our General Terms and Conditions

General terms and conditions of business

Kernville-Travel GmbH acts purely as an agent for the following services: 1.) Motorcycle tours for which another tour operator is expressly named 2.) Rental motorcycles, rental cars 3.) Passenger and cargo flights 4.) Motorcycle transport by train, ship, flight 5.) Hotels and other overnight accommodations 7.) Cruises 8.) Insurance. In this case, the terms and conditions of the individual service provider or tour operator apply exclusively. We will be happy to send you these on request. No travel price guarantee certificates will be issued for the services under points 3 - 5, as these services are not insurable. For points 1 and 2, guarantee certificates will only be issued if a second tourist service is booked in addition to the booked service (e.g. flight). In this context, we expressly refer to point 9, Duty to cooperate in the event of service disruptions. If the customer fails to notify us of any defects during the trip, any claim to a reduction in the travel price is excluded under any circumstances. For trips where Kernville-Travel GmbH acts as the organizer, the following conditions are agreed in addition to the German Travel Contract Act (BGB) §651:

1. Registration 

By registering, the customer offers the tour operator (hereinafter referred to as the "tour operator") to conclude a travel contract. Registration can be made verbally, by telephone, or in writing (including by fax or email). The travel contract is concluded upon written confirmation from the tour operator. If the content of the confirmation differs from the content of the registration, the tour operator is bound to its new offer for ten days.

2. Deposit/Final payment

Amounts in euros. After conclusion of the contract (receipt of the travel confirmation), a deposit of 25% of the travel price is due immediately. The remaining payment must be received by the travel organizer no later than 28 days before the start of the trip. Exceptions are trips for which the organizer reserves the right to carry out the trip if the required number of participants is not reached. In this case, the final payment is due at the time of confirmation of the trip (usually 2 weeks before the start of the trip). With the travel confirmation, the customer receives a security certificate documenting the required travel price insurance in accordance with Section 651 k of the German Civil Code (BGB). Disadvantages resulting from late payment are at the customer's expense. Amounts in foreign currencies! For all services advertised in foreign currencies, the agency named under point 13 acts exclusively as an agent. In this case, the amount of the deposit may also differ from the amount stated above. The booking confirmation will be issued after receipt of the booking at the agreed exchange rate in euros (see exchange rate information in the price lists). Six weeks before departure, the customer will receive the final invoice, which will then be converted into euros at the current exchange rate. This invoice must be paid within 14 days. Any exchange rate differences will be offset.

3. Services and prices

The scope of the contractual services is determined by the description in the brochure or online description and the travel confirmation from the travel organizer. Climate tables, tour sketches, and other general information are not considered part of the contract. A) Changes or deviations to individual travel services that become necessary after the contract has been concluded and were not brought about by the travel organizer in bad faith are only permitted if the changes are not significant and do not affect the overall structure of the booked trip. The travel organizer reserves the right to make minor changes to the itinerary and to replace planned hotels with equivalent hotels. B) Price changes are possible after the conclusion of the travel contract for objectively justified, significant, and unforeseeable reasons (changes in fuel costs, taxes, statutory duties, currency fluctuations) to a reasonable extent if more than four months elapse between the conclusion of the contract and the start of the trip. The customer must be notified of this no later than three weeks before departure. In the event of price increases exceeding 5% of the travel price, the customer is entitled to withdraw free of charge within ten days.

4. Cancellation/rebooking by the customer

The customer may withdraw from the trip at any time prior to departure. The receipt of the cancellation notice by Kernville-Travel GmbH is decisive. Please note that processing can only be done on weekdays during normal business hours. In your own interest and for evidentiary purposes, we strongly recommend that you submit your cancellation in writing. If you withdraw from the contract or do not start the trip, we may demand reimbursement for the travel arrangements made and our expenses for the cancellation fees communicated at the time of booking, which are calculated as a percentage of the trip price as follows: up to 91 days prior to departure: 20%; 90-61 days prior to departure: 40%; 60-31 days prior to departure: 75%; from the 30th day and in the event of a no-show: 95% of the trip price. Scheduled flights are excluded. For these, the cancellation rate of the respective airline applies after ticket issuance. Name changes are not permitted by any scheduled airline. Kernville-Travel GmbH may also demand reimbursement of expenses from the customer to the extent that Kernville-Travel has, in compliance with statutory provisions, paid the price of a brokered service (in particular, the price of a package tour) or cancellation costs to the contracting company. The customer may not offset any claims to which they are entitled against the contracting company (in particular, claims for inadequate performance of the brokered main contract) by way of offsetting or asserting a right of retention against this reimbursement claim by Kernville-Travel, unless a culpable breach of contractual obligations by Kernville-Travel was the cause or contributory cause of such claims, or Kernville-Travel is liable to the customer for the asserted counterclaims for other reasons. Should the actual costs exceed these rates, the tour operator is entitled to demand the actual costs. In all cases, the customer has the right to prove to the tour operator that the damages were lower. If other cancellation costs are advertised for certain trips, these shall apply instead of the aforementioned. To the extent that certain services are only arranged and the cancellation costs of the service providers exceed the cancellation costs stated at the time of booking, the cancellation policy of the service providers applies. Each service provider has different cancellation fees specified in its terms and conditions. These cannot be listed individually. However, they can be requested from us at any time. The tour price must be paid even if a participant does not arrive at the respective departure point or destination on time at the times stated in the travel documents, or if the trip is not commenced due to a lack of travel documents such as a passport or necessary visas for which the tour operator is not responsible. You remain free to prove that no damage or significantly less damage than the flat-rate cancellation fees has been incurred in group bookings. D) If the required minimum number of participants, for which the tour operator has offered a group discount, is not met due to the cancellation of individual participants, the tour operator is entitled to withdraw from the contract and demand the corresponding cancellation fees, unless the participants agree to pay the individual booking price. E) If the customer is replaced by a third party prior to the start of the trip, all costs incurred must be reimbursed to the tour operator. The minimum fee is €30. However, the costs can be significantly higher (for round trips). If a scheduled flight is booked, it cannot be transferred to a replacement passenger. In this case, a new flight ticket must be purchased at current prices. F) If the customer wishes to rebook individual services prior to the start of the trip, the additional costs and rebooking fees incurred must be borne in full by the customer.

5. Travel insurance

Catalog and online prices do not include travel insurance unless explicitly stated otherwise. We recommend purchasing travel cancellation insurance in any case.

6. Withdrawal by the RV

The tour operator may withdraw from the travel contract up to two weeks before the start of the trip (four weeks before the start of the trip for trips outside Europe) if: A) the advertised minimum number of participants for the respective trip is not reached. Unless otherwise stated, the minimum number of participants is five people. The tour operator must immediately notify the customer of the cancellation and refund the tour price paid. B) it becomes apparent that the customer does not meet the requirements of the trip (e.g., no driver's license). In this case, the customer must reimburse the tour operator for the incurred costs (see also flat-rate cancellation rates under point 4). The tour operator may cancel the tour if C) the tour leader/tour guide is unable to participate due to illness or injury and the tour operator cannot provide a replacement. In this case, the participant will receive a pro rata refund for the remaining days. D) weather conditions or other unforeseeable events make the tour impossible.

7. Unused services

If the customer does not use individual travel services after the start of the trip for compelling reasons beyond their control or for which the tour operator is responsible, or if the customer returns early, there is generally no right to a refund of the pro rata travel price. However, the tour operator will endeavor to obtain reimbursement of saved expenses from the service providers, unless these are entirely insignificant services. If rental motorcycles are returned early or mileage packages are not used up, a pro rata refund is generally excluded.

8. Liability

The tour operator is liable, within the scope of the duty of care of a prudent businessman, for conscientious travel preparation, the selection and monitoring of service providers, and the proper provision of the contractually agreed travel services. You assume civil and criminal liability for any damages you may cause (e.g., personal injury, property damage, and consequential damage) and ensure adequate insurance coverage. Our contractual liability as a tour operator for damages other than physical injury is limited to three times the total tour price according to Section 651 h of the German Civil Code (BGB). For damages related to services that are merely arranged as third-party services and are expressly identified as third-party services in the tour description and travel confirmation, we are not liable for the negligence of the tour operator or service provider providing the third-party service, even if our tour guide participates in these special events. In this case, any problems should always be resolved directly with the respective service provider. A claim for damages against us is limited or excluded to the extent that, due to international agreements or statutory provisions based on such agreements that are applicable to the services to be provided by a service provider, a claim for damages against the service provider can only be asserted under certain conditions or restrictions or is excluded under certain conditions.

9. Duty to cooperate

The customer is obligated to cooperate within the framework of the statutory provisions in the event of service disruptions in order to avert or minimize any damage. The customer is particularly obligated to notify the tour operator of any complaints immediately and to grant them a reasonable time to remedy the situation, provided this is possible and does not require disproportionate expenditure. We can also remedy the situation by providing equivalent alternative services. If the tour guide or service provider is unable to remedy the situation, complaints must be reported to us immediately, if possible in writing (fax, telegram). You can reach us Monday to Friday from 10:00 a.m. to 2:00 p.m. Central European Time at the telephone and fax numbers and address stated on your travel confirmation/documents. If the customer culpably fails to report a defect, they are not entitled to a price reduction. Claims for non-contractual provision of travel services must be submitted to us within one month of the contractually agreed end of the trip. This should be done in writing for reasons of preserving evidence. After this deadline has expired, you can only assert claims if you were prevented from meeting the deadline through no fault of your own. For supplementary insurance purchased through the RV, e.g., VIPplus, the police report, photos, and the original invoice from the rental company with the customer's name and address must be submitted as the basis for reimbursement. Your contractual claims for warranty or compensation expire after two years, beginning on the day on which the trip was supposed to end according to the contract. If you have asserted such claims, the limitation period is suspended until the day on which we reject your claims in writing. Claims based on tort are subject to a three-year limitation period.

10. Passport, visa, customs, foreign exchange and health regulations

The customer is responsible for compliance with passport, visa, customs, foreign exchange, and health regulations. The tour operator will inform the customer of the most important regulations to the best of its knowledge and ability.

11. Rental vehicles

In principle, every rental agreement is always concluded between the rental company and the renter. Kernville-Travel GmbH acts solely as an intermediary. The rental company's terms and conditions apply exclusively. The renter undertakes to treat the rental vehicle with care at all times and to use it only for purposes for which it is actually suitable. Furthermore, the renter is obligated to comply with laws and traffic regulations. If the renter is responsible for damage to the vehicle, there is no entitlement to a replacement vehicle. The same applies if the rental vehicle is stolen. If damage occurs to a rented vehicle that cannot be repaired within a reasonable time during the tour/rental, there is no entitlement to a replacement vehicle, regardless of whether the damage was caused by the renter or through no fault of the renter.

12. General

The invalidity of individual provisions does not invalidate the entire travel contract. The same applies to the travel and business terms and conditions. By registering, the customer accepts these provisions as binding for themselves and all accompanying persons listed in the registration. The tour operator reserves the right to correct printing and calculation errors.

13. Tour operator

The tour operator is, unless otherwise stated: Kernville-Travel GmbH - Department bikethebest -Höfferhoferstr 62 53819 Neunkirchen-Seelscheid HRB 16002 Siegburg District Court Managing Director: Michaela Kern Tax number: 220/5823/0821 VAT ID No.: DE 333303610

14. Place of jurisdiction

The place of jurisdiction in the event of a lawsuit against Kernville-Travel GmbH is Siegburg. For lawsuits brought by Kernville-Travel GmbH against the traveler, the traveler's place of residence shall be decisive. Unless the lawsuit is directed against registered merchants or persons who do not have a general place of jurisdiction in Germany, as well as against persons who have relocated their place of residence or habitual abode abroad after the conclusion of the contract, or whose place of residence or habitual abode is unknown at the time the lawsuit is filed, the place of jurisdiction shall be the registered office of the tour operator stated under 13.

15. Disclaimer of liability

By registering for the trip, the customer expressly agrees to the following declaration: I undertake to observe the applicable traffic regulations of the individual countries, to adhere to the rules of the group tour, and not to harm people or nature through my behavior or the condition of my vehicle. I am generally healthy, meet the requirements of the tour, and have a valid driver's license. I am responsible for wearing adequate protective clothing.

Status: January 2021-01

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Management:
Michaela Kern
Siegburg District Court
HRB 16002
VAT ID no.: DE333303610
Phone: +49 (0) 2247-9237444