Terms and Conditions

These terms and conditions of travel define the legal relationship between you and us. By making a booking you undertake to recognise these terms and conditions of travel.

1. Booking and Confirmation
Your booking is binding. The booking can only be made online on our website www.oktoberfest-beds.com or in exceptional cases per written form (e-mail). Your booking also applies to all persons specified in it, for whose contractual obligation you are also liable as well as for your own if you have accepted a corresponding special obligation through an explicit and special declaration. You will receive an online booking confirmation (also by e-mail).

2. Payment
The payment of the whole amount has to be made immediately upon receipt of the online booking confirmation. The payment can only be made on our website using the Paypal secured payment tool. The agreement comes into effect when this payment is made.

3. Mailing of Travel Documents
You are responsible to make sure that you are able to receive your travel documents on time and that they are complete and correct. If you have not received your travel documents by 7 days before your departure date, you are obligated to inform us immediately. The travel documents will only be sent to you by email (in PDF-Files, download by Acrobat Reader).

4. Travel Program and Services
The scope of the contractual services are specified in the service description of the given offer, general information on our website and relevant information in the confirmation. Hostel descriptions are not binding - they are based on the claims of the hostel owners.

5. Changes in Services or Prices
Changes to or deviations from the individual services specified in the agreed contents of the agreement that become necessary after an agreement has been closed and which were not brought about by us in a breach of good faith are permitted, as long as the changes or deviations are not considerable and not of detriment to the overall plan of the booked services. Guarantee claims are not affected if the changed services are defective. We will immediately inform you of any changes or deviations in services.

6. Cancellation fee, Rebooking, Substitute Traveller
6.1. Cancellation
If you cancel the agreement before commencement of the travel services or do not show up for a trip, according to legal regulations (Article 651 i, Paragraph 2 BGB) we can require reasonable compensation from you. This claim for compensation is defined as a lump sum, taking into account the usual costs saved and possible other costs. The amount of compensation claim permitted is calculated as follows, whereby the right of proof of a lower claim is not affected:

For the Oktoberfest 2012:
From the date of the booking confirmation to June 1st , 2012, 50% of the whole amount;
after June 1st , 2012, 100% of the whole amount;
In the case of a no-show, a bill for the full trip price is issued.

6.2. Rebooking
If upon your request the tour date, tour destination, location where the tour begins, accommodation or means of transport is changed once a tour has been booked, we generally incur the same charges as in the case of a cancellation on your part. Therefore, we have to charge the same fees on the rebooking date as we would have for a cancellation.

6.3. Substitute Traveller
Up until the date of travel, any registered traveller can be replaced by a third party if you inform us of this. However, we can deny you the substitution of another traveller if this person does not meet the requirements of the booked tour or if he/she conflicts with statutory provisions or government regulations - especially also in the given countries of destination. If a request to replace a registered traveller with another person is submitted until the start of our tour a fee of EUR 50.- per name change will be charged; after that time the cancellation fees specified under 6.1 apply.

6.4. In Written Form
In your own interest and for purposes of proof, cancellation, rebooking and change requests should be made in writing.

7. Services
Not Used If you do not use specific travel services due to prematurely returning home or due to any other compelling reasons, we will do our best to obtain a refund for the costs saved from the service provider. This obligation does not apply in the case of completely trivial services or if a refund would be in conflict with statutory or governmental regulations.

8. Withdrawal or Cancellation by Us
We are permitted to withdraw from a tour agreement before the tour date or cancel a tour agreement once the tour has begun under the following conditions: Without upholding a deadline if a traveller continues to disturb the execution of a tour despite our warning or if he/she disregards the terms of the agreement to such an extent that an immediate cancellation of the agreement is justifiable. If we cancel, we have the right to the tour price; however, we must offset the value of the costs saved as well as any benefits we obtain from unused services that were implemented elsewhere, including amounts credited to us by service suppliers.

9. Termination of the Agreement
Due to Force Majeure If a tour is significantly hindered, endangered or impaired due to a force majeure which could not be foreseen at the time an agreement was concluded, both you and we are permitted to cancel the agreement. If an agreement is cancelled, we can demand an appropriate compensation for services already rendered or services to still be rendered by the end of the tour. We are obligated to meet the necessary measures, in particular, providing you return transportation if the agreement includes return transportation. Any additional costs for return transportation are to be split between you and us. Any other additional costs are to be paid by you.

10. Liability
We do not bear liability for information included in location or hotel brochures or any other brochures not issued by us that are included in the tour information.

11. Guarantee
11.1 Redress and Duty to Cooperate
If travel services are not in keeping with the contract, the traveller can demand redress. This requires your assistance - notwithstanding our prime service obligation. Therefore you are obligated to do everything which can be expected of you to eliminate the problem and keep any possible damages that could result to a minimum or to completely avoid them. In particular, you are obligated to immediately report any deficiencies. Please do so by contacting us directly.

11.2. Reduction in Tour Price
For the duration that the tour is not being fulfilled as specified in the agreement, you can demand a corresponding reduction in tour price. The reduction does not apply if you failed to report the problem.

11.3 Cancelling the Agreement
If a tour is significantly impaired due to a deficiency, you can cancel the agreement, that is, if prior to this you have set us an acceptable deadline for eliminating the problem. It is not necessary to set a deadline if the problem cannot be rectified, if we refuse to rectify it, or if an immediate cancellation on account of a special interest of your own is justified. In this case, you are then expected to pay us for the services you used, that is, if they were not completely worthless to you.

12. Passport, Visa, Customs and Currency Regulations
To the extent possible, we will inform you of the most important regulations before your tour begins. However, this means you must inform us of any special conditions that apply to either you or your travel partner(s), for example, regarding nationality, deportations. etc. We are not liable for the timely issuance and availability of necessary visas through the appropriate diplomatic missions, even if you have requested that we take care of the matter for you, unless we are responsible for the delay. You are responsible for meeting all important regulations required for executing the tour. All disadvantages resulting from not following them are to be carried by you, unless they are due to our providing you with incorrect information.

13. Limited Liability
13.1. Contractual Limited Liability
Our contractual liability for damages, not including physical injury, is limited to three times the tour price 1. insofar as the damage to the traveller is neither caused by us intentionally or due to gross negligence, or 2. insofar as we are responsible for the damage done to a traveller due solely to the fault of a service provider.

13.2 Tortious Limited Liability
A claim for damages against us due to a tortious action, insofar as the damage is neither caused intentionally or due to gross negligence, is limited to € 2.000 for material damage. These maximum liability awards apply per customer and tour.

14. Exclusion of Claims and Statute of Limitations
Claims for deficiencies in the tour based on the specifications of the contract must be submitted to us within one month of the tour end as defined in the contract. After this date, claims can only be invoked if you were unable to meet the deadline for reasons that were no fault of your own. In your own interest, you should submit your claims in writing. Your claims as regards your tour agreement expire in one year. The statute of limitations begins with the day on which the tour is specified to end in the agreement.

15. Insurance
15.1 Insolvency Protection
We are only permitted to demand the payment of the tour price if it has been verified that the paid price of the tour and necessary costs for return transportation are refunded if the travel services are not rendered due to insolvency or bankruptcy on the part of the tour operator (§651 k BGB). Accordingly we have insured against this insolvency risk. We will provide you with a trust letter which guarantees your right to direct claim against the insurer in the case of insolvency or bankruptcy will be given to you with the booking documents at latest when you pay the balance of the tour price.

16. Place of Jurisdiction, Applicable Law
The place of jurisdiction for registered traders, for persons whose place of general jurisdiction is not in Germany, and for persons who have moved their place of residence or the place they normally reside abroad after conclusion of the agreement, or whose place of residence or the place they normally reside is not known at the time when the action is filed, is Munich, Germany. German law shall apply.

17. Invalidity of Individual Provisions
The invalidity of individual provisions of the tour agreement shall not affect the validity of any other remaining provisions.