§ 1
Conclusion of the travel contract

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(1) By registering, the customer offers the tour operator Endurofun (Endurofun, Frank Wiedeweg, hereinafter referred to as Endurofun) the conclusion of a binding travel contract.

(2) Registration can be made in writing, orally, by fax or in electronic form (e-mail, internet). The registering customer is liable for obligations of all other travelers listed in the registration from the travel contract, provided that he has assumed a corresponding obligation by means of an express and separate declaration.

(3) A travel contract is concluded when it is accepted by the tour operator Endurofun. The acceptance by Endurofun does not require any special form. When or immediately after the conclusion of the contract, Endurofun will send the customer a written travel confirmation with the travel price security certificate.

(4) If the content of the travel confirmation differs from the content of the registration, Endurofun has made a new offer to which Endurofun is bound for a period of 10 days. The travel contract is then concluded on the basis of this new offer if the customer declares acceptance within this period. The customer can accept this expressly or by means of a conclusive declaration, such as B. by down payment, final payment or departure, explain.

§ 2
Definitions

(1) Consumers within the meaning of these terms and conditions are natural persons who enter into a business relationship with Endurofun without this being attributable to their commercial or independent professional activity.

(2) Entrepreneurs within the meaning of these terms and conditions are natural and legal persons or partnerships with legal capacity who enter into a business relationship with the agency in the exercise of their commercial or independent professional activity.

(3) The organizer in terms of these terms and conditions is Endurofun.

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§ 3
pay

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(1) Payments on the travel price prior to the end of the trip may only be made against delivery of the security note within the meaning of Section 651 k (3) of the German Civil Code (BGB). A deposit for the trip is due immediately after receipt of the travel confirmation and the travel price insurance certificate in the amount of 20% of the total travel costs. The down payment is to be made to the Endurofun business account mentioned below and will be offset against the total travel price.

(2) Unless the security certificate has been issued and nothing else has been agreed in individual cases, the remaining payment on the travel price is due 30 days before the start of the journey and must be made if it is certain that the journey will be carried out. The remaining payment must have been received by Endurofun without being asked. What is decisive for the timeliness of the payment is its credit to the account with the tour operator.

(3) In the case of short-term registrations less than two weeks before the start of the journey, the total travel price is due immediately upon receipt of the security certificate and must be paid to the tour operator.

(4) Failure to make a deposit and / or the final payment has no effect on the validity of the travel contract. Insofar as Endurofun is ready and able to provide the service, there is no entitlement to the travel service without full payment of the travel price. The customer's statutory or contractual rights of retention are excluded from this.

(5) If the travel price is not paid despite the due date and a deadline set by Endurofun, Endurofun can refuse to carry out the trip and charge the customer with cancellation costs according to section 4.

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§ 4
Services

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(1) The services that are contractually agreed can be found in the service descriptions in the prospectus and / or on the Endurofun Internet portal and the information relating to this in the travel confirmation. The information contained on the website is binding for Endurofun.

(2) Endurofun expressly reserves the right, for objectively justified, significant and unforeseeable reasons, to change the information in the brochure prior to the conclusion of the contract, about which the customer will be informed prior to booking.

(3) If an individual itinerary is put together at the customer's request, the performance obligation follows exclusively from the corresponding specific offer to the customer and the respective confirmation of registration.

§ 5
Withdrawal by the customer, cancellation, rebooking, replacement persons

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(1) The customer can withdraw from the travel contract at any time before the start of the journey by declaring to Endurofun. The receipt of the declaration of withdrawal by the tour operator is decisive. The customer is recommended to declare the cancellation in writing.

(2) In the event that the customer withdraws, Endurofun is entitled to lump-sum compensation, taking into account the expenses usually saved and possible other use of the travel services.

(3) The following sentences are relevant for this:
In the case of long-term cancellations up to 45 days before the start of the trip, a cancellation fee of EUR 25.00 per person will be charged.

For short-term cancellations, the following fee rates apply per person:

44th - 31st day before the start of the journey: 10% of the travel price
30th - 21st day before the start of the journey: 30% of the travel price
20th - 11th day before the start of the journey: 40% of the travel price
from the 10th day before the start of the journey: 60% of the travel price
from the day before the start of the journey and in the event of no-show: 80% of the travel price

(4) The customer is permitted to prove to the tour operator Endurofun that he actually incurred no or lower costs than the flat rate claimed. In this case, the customer is only obliged to pay the costs actually incurred.

(5) Endurofun reserves the right, in individual cases, to invoice a higher compensation in accordance with the costs incurred, which must be specifically quantified and substantiated to the customer.

(6) There is no legal entitlement to changes with regard to the travel date, the travel destination, the accommodation or the type of catering (rebooking). If, at the request of the customer, after the conclusion of the contract, bookings are changed (rebooking), Endurofun will charge a rebooking fee of EUR 50.00 per change process up to 30 days before the start of the journey. Requests for rebooking that are made after this period has expired can only be carried out, provided that they can be carried out at all, after withdrawing from the travel contract under the above conditions and at the same time re-registering. This does not apply to requests for rebooking that only incur low costs.

(7) Should the customer not be able to commence the trip, there is the possibility of providing a substitute person until the start of the trip, who will take his place in the rights and obligations of the travel contract. The customer has to inform the tour operator about the substitute person beforehand. The tour operator reserves the right to refuse this person if they do not meet the special requirements of the trip, if their involvement is not possible for organizational reasons, or if their participation is contrary to legal regulations or official orders. The replacement person entering the contract and the original customer are liable to the tour operator for the travel price and, as joint and several debtors, for all additional costs arising from the entry of the replacement person.

§ 6
insurance

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Endurofun recommend taking out travel cancellation insurance and foreign health insurance. Information on travel insurance can be obtained from Endurofun on request.

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§ 7
Reimbursement of unused services

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If the customer does not make use of individual travel services due to an early return or for other compelling reasons, the tour operator will endeavor to reimburse the saved expenses. This obligation does not apply if the service is insignificant or if legal or official regulations conflict with a reimbursement.

§ 8th
Resignation and termination by the tour operator

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Endurofun can withdraw from the travel contract or terminate the travel contract after the start of the journey in the following cases:

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1. Without observing a deadline:
If the customer permanently disrupts the implementation of the trip, regardless of a warning from the tour operator, or if he behaves in breach of the contract to such an extent that the immediate cancellation of the contract is justified. In these cases, the locally authorized representatives of Endurofun are authorized to exercise Endurofun's rights. If Endurofun cancels, it retains the right to the travel price; he must, however, have the value of the saved expenses credited that he gains from using the unused service for other purposes, including the amounts credited to him by service providers.

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2. Up to two weeks before departure:
If the advertised or officially determined minimum number of participants is not reached, Endurofun can withdraw from the travel contract if the travel advertisement for the corresponding trip indicates a minimum number of participants. If the implementation of the trip becomes unreasonable after Endurofun has exhausted all possibilities because the booking volume for this trip is so low that the costs incurred would mean that the economic sacrifice limit for this trip would be exceeded, the customer receives the paid travel price back immediately. The notification is to be forwarded to the customer immediately after the conditions have been met and the travel price is to be reimbursed immediately.

3. Up to 4 weeks before departure:
If the implementation of the trip is unreasonable for Endurofun after all possibilities have been exhausted, because the booking volume for this trip is so low that the implementation of the trip would mean exceeding the economic sacrifice limit for the tour operator, the tour operator can withdraw. However, at this point in time, Endurofun is only entitled to withdraw from the contract if Endurofun is not responsible for the circumstances (e.g. no calculation errors) and if it can prove the circumstances which led to its withdrawal and if it has made the customer a comparable replacement offer. If the trip is canceled for this reason, the customer will immediately receive the paid travel price back. In addition, the customer will be reimbursed for his booking expenses, provided that the customer does not make use of a substitute offer from the tour operator.

§ 9 
Cancellation of the contract due to exceptional circumstances

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If the trip is made considerably more difficult, endangered or impaired as a result of force majeure that was not foreseeable when the contract was concluded, both the tour operator and the customer can terminate the travel contract. If the contract is terminated, the tour operator can demand appropriate compensation for the travel services that have already been provided or for the travel services that are still to be provided for the end of the trip.

The tour operator is obliged to take the necessary measures, especially if the contract includes return transport, to transport the customer back. Any additional costs incurred for the return transport are to be borne equally by the parties. Otherwise, however, the additional costs are borne by the customer.

§ 10
Obligations and termination of the customer, warranty, exclusion of claims, statute of limitations

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(1) In the event that the trip is not provided in accordance with the contract, the customer can request a remedy. The tour operator Endurofun can refuse the remedy if this requires a disproportionate effort. The tour operator can also remedy the situation by providing an equivalent or higher-quality replacement service. Any defects that occur must always be reported immediately to the local tour guide or to the address / telephone number given below.

(2) If a trip is significantly impaired as a result of a defect and the tour operator does not provide a remedy within a reasonable period, the customer can terminate the travel contract within the framework of the statutory provisions, whereby a written declaration is recommended.

(3) Endurofun informs the customer of the duty of the customer to notify a defect immediately, as well as the fact that a reasonable deadline must be set for remedial action before the cancellation of the travel contract (§ 651 e BGB) if the remedy is not impossible or is refused by the tour operator, or if the immediate termination is justified by a special interest. The customer owes the tour operator the part of the travel price attributable to the services used, provided that these services were of interest to him.

(4) In the event of a non-contractual provision of the trip (defect), the customer can claim compensation for damages without prejudice to the reduction in the price of the trip (reduction) or the termination, unless the defect is due to a circumstance for which the tour operator is not responsible .

(5) Warranty claims under travel contracts must be asserted within one month after the contractually stipulated end of the trip vis-à-vis the tour operator at the address given below by Endurofun. After this one-month period has expired, the customer can only assert claims if he has been prevented from complying with the period through no fault of his own or if the claims are tortious. Claims of the customer according to §§ 651 c - 651 f BGB against Endurofun expire after two years. The statute of limitations begins on the day on which the trip should end according to the contract. If negotiations are pending between the customer and the tour operator about the claim or the circumstances giving rise to the claim, the statute of limitations is suspended until the customer or the tour operator refuses to continue the negotiations.

§ 11 
Obligation to cooperate

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The customer is obliged to cooperate in the event of service disruptions within the framework of the statutory provisions on the duty to minimize damage, to avoid possible damage or to keep it as low as possible. In particular, the customer is obliged to notify the local tour guide of his complaints immediately. If the customer culpably fails to report a defect, there is no entitlement to a reduction in price.

§ 12
Tour operator's liability and limitation of liability

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(1) The contractual liability of the tour operator Endurofun for damage that is not physical damage is limited to three times the travel price per trip and customer,

a) as far as damage to the customer is not caused intentionally or through gross negligence, or

b) as far as the tour operator is responsible for a customer's damage solely due to the fault of a service provider.

(2) The tour operator is liable for property damage up to € 4,100 for all tortious claims for damages made against the tour operator that are not based on intent or gross negligence; If three times the travel price exceeds this amount, the tour operator's liability for property damage is limited to three times the travel price per trip and customer.

(3) The above-mentioned limitations of liability against the tour operator are limited or excluded to the extent that, on the basis of international agreements or statutory provisions based on such, which are applicable to the services to be provided by the service provider, a claim for damages against the service provider only under certain conditions or Restrictions can be asserted or are excluded under certain conditions, the tour operator may invoke this against the customer.

§ 13
Passport, visa and health regulations

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(1) Endurofun informs the customer about passport, visa and health regulations and any changes to them before the start of the journey. It is assumed that the customer is a citizen of the Federal Republic of Germany. Other circumstances cannot be taken into account in the person of the customer, unless they have been expressly communicated to Endurofun.

(2) Especially for the desert trips to Morocco, an adult customer needs a passport, which must be valid for at least 3 months at the time of the start of the trip. Children need a children's passport with a photo with the same minimum period of validity.

(3) The customer is responsible for compliance with all rules and regulations that are important for the implementation of the trip. All disadvantages that arise from the non-observance of these regulations are at his expense, unless the tour operator has not fulfilled his notification obligations through fault.

(4) The customer must inform himself about the customs and foreign exchange regulations.

§ 14
Price adjustments

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(1) Endurofun reserves the right to change the price agreed with the travel contract in the event of an increase in transport costs or charges for certain services, such as port or airport taxes or a change in the exchange rate applicable to the trip in question. If the transport costs, in particular the fuel costs, increase, the travel price can be increased according to the following calculation:

a) In the case of an increase related to the seat, Endurofun can demand the increased amount from the customer. In other cases, the required increased transport costs are divided by the number of seats on the agreed means of transport. The customer can request the resulting increase for the single seat.

b) If fees such as port or airport TAX are increased compared to Endurofun, the travel price can be increased by the corresponding proportionate amount.

c) In the event of a change in exchange rates, the travel price can be increased to the extent that the travel has become more expensive for Endurodun as a result.

(2) However, an increase in the travel price is only permitted if there are more than 4 months between the conclusion of the contract and the agreed travel date and the circumstances leading to the increase did not occur before the conclusion of the contract and were not foreseeable for Endurofun when the contract was concluded.

(3) In the event of a subsequent change in the travel price or a subsequent change in an essential travel service, Endurofun must inform the customer immediately. A price increase that is requested from the 20th day before the agreed travel date is ineffective. In the event of price increases of more than 5% or in the event of a significant change in an essential travel service, the customer is entitled to withdraw from the travel contract at no cost or to request participation in another trip of at least equivalent value, if Endurofun is able to undertake such a trip at no extra cost to offer customers from their own travel offer.

§ 15
DATA PROTECTION

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(1) The customer is aware and agrees that the personal data required to process the contractual relationship will be stored by the tour operator on data carriers and may be passed on to affiliated companies as part of the order processing. The customer expressly consents to the collection, processing and use of his personal data.

(2) The stored personal data will of course be treated confidentially by the customer. For the purpose of credit checking, the tour operator reserves the right to exchange data with credit agencies.

(3) The collection, processing and use of personal data takes place in compliance with the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG).

(4) The customer has the right to revoke his consent at any time with effect for the future. In this case, the tour operator is obliged to delete the buyer's personal data immediately. In the case of ongoing usage relationships, the deletion takes place after the end of the contract.

§ 16
Applicable law, partial ineffectiveness, place of jurisdiction

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(1) German law applies exclusively to the travel contract.

(2) The ineffectiveness of individual provisions does not result in the ineffectiveness of the entire travel contract.

(3) The tour operator Endurofun can be sued at its headquarters. The tour operator can sue the customer at his place of residence.

(As of October 25, 2017)

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