TERMS AND CONDITIONS OF PARTICIPATION
Insofar as § 651 a to y BGB are addressed in this version, this refers to the new version of the law applicable from 01.07.2018.
First of all: a right of withdrawal according to §§ 312 ff. BGB only exists for travel contracts if these contracts have been concluded outside of business premises (e.g. at the customer's home), even in this case only if the corresponding verbal negotiations were not conducted on the basis of a prior (purchase) order by the customer as a consumer. Otherwise, the statutory withdrawal and termination regulations and sections 7-10 of these terms and conditions shall apply.
1. organizer/intermediary
The organizer or agent is WanderWorld Travel GmbH, represented by the Managing Director Sophia Fink, Gotzinger Straße 4, 81371 Munich (hereinafter: "WWT").
2nd participant
The participant (hereinafter referred to as "the participant") must be of the age required for the respective event and meet the relevant program requirements. Otherwise, the relevant consent of the legal representatives must be available. The Participant is expected to help shape and participate in the respective program. They must behave in accordance with our Code of Conduct. If preparatory seminars are offered, participation is voluntary.
3. registration/conclusion of contract
With the travel registration (booking), the customer makes a binding offer to WWT to conclude a travel contract. The registration can be made informally or using the registration form. The travel contract is only concluded when WWT sends the customer a corresponding booking confirmation in text form. In the case of minors, the written consent of the legal representative is required for registration.
4. terms of payment
a. The program price is payable in two installments. The first installment in the amount of 20 % of the program price is due upon receipt of the confirmation of participation and is only payable against delivery of the security certificate within the meaning of § 651r BGB (German Civil Code), which is sent with the confirmation of participation. The second amount of 80 % of the program price is due 28 days before the start of the trip; only after this date is the participant entitled to receive the complete travel documents. Insofar as additional services such as processing costs in the event of withdrawal, processing costs in the event of termination, costs for additional administrative expenses in the event of rebookings or contract transfers (§ 651e BGB) and processing of insurance premiums are agreed, these are due immediately at 100%.
In the event that the participant withdraws from the trip and compensation cannot be demanded from WWT in accordance with Section 651h (2) BGB, the participant is obliged to reimburse WWT for the additional expenses incurred at 5% of the agreed travel price. These costs will be invoiced separately.
b. Without full payment of the tour price before the start of the tour, there is no entitlement to further contractual services from WWT. Payments are requested to be made to the account of WanderWorld Travel GmbH, IBAN: DE71 1001 0010 0070 1021 44 at FYRST Bank BIC: PBNKDEFFXXX.
5. changes to the brochure price before conclusion of the contract
If WWT states fixed prices in the current brochure, on the Internet or in a price list, these are binding. However, WWT may declare deviating changes (increases and decreases) to the travel prices before conclusion of the contract. A price adjustment is permitted in particular for the following reasons:
- Due to an increase/decrease in transportation costs, charges for certain services.
- Due to a change in the exchange rates applicable to the trip in question after publication of the prospectus.
- Increase/reduction in taxes and duties for tour guides.
6. information obligations/data collection
a. From the time of conclusion of the contract, i.e. from receipt of the confirmation of participation until the end of the trip, the participant or his legal representative must provide WWT with all information relevant to the contractual relationship, if possible in writing by e-mail to hello@wanderworld.travel. The participant undertakes to inform WWT of any existing and previously existing physical ailments and physical or mental illnesses (including any "eating disorders" and allergies) insofar as these impair the participant's ability to work or move.
The participant can obtain further information directly from the contract documents.
b. The personal data (inventory data) of the participant necessary for the implementation of the program will be used for contract initiation, program implementation, contract processing and participant support, including advertising for own offers, and will be used to the extent necessary for the local partners (language schools, hostels or other employers, aid organizations) where the participant is practicing. If the participant does not wish to receive any advertising, he/she can object to the use of data in this respect by sending a short message to the contact details given at the end of the program conditions. The data will be stored for the duration of our business relationship, but at least until the expiry of the statutory retention obligations. In accordance with the General Data Protection Regulation (GDPR), which came into force on May 25, 2018, there are rights to information, rectification, erasure, restriction of processing and data portability in accordance with Art. 15 to Art. 20 as well as the right to lodge a complaint with a supervisory authority in accordance with Art. 77, the name of the controller in accordance with the GDPR and our data protection officer as well as further information in accordance with the General Data Protection Regulation can be found at https://www.wanderworldtravel.de/datenschutz
7. Withdrawal by the participant
a. If unavoidable, extraordinary circumstances occur at the destination of the trip or in its immediate vicinity which significantly impair the execution of the trip or the transportation of persons to the destination, the customer may withdraw from the contract free of charge (see also 4. a.) before the start of the trip. Unavoidable and extraordinary circumstances are deemed to exist if they are beyond the control of the party invoking them and their consequences could not have been avoided even by taking all reasonable precautions (§ 651 h para. 3 BGB).
b. Apart from the case regulated in clause 7a, the customer can withdraw from the trip at any time before the start of the trip, but WWT then has the statutory right to reasonable compensation (§ 651 h BGB), for which the following compensation flat rates are agreed:
- Cancellation from conclusion of contract up to more than 90 days before departure: 20 % of the tour price.
- Cancellation from the 90th day before departure: 35 % of the tour price.
- Cancellation from the 50th day before departure: 50 % of the tour price.
- Cancellation from the 30th day before departure: 75 % of the tour price.
- Cancellation from the 14th day before departure: 100 % of the tour price.
The start of the trip is the day on which the program is booked according to the confirmation of participation. If arrival takes place earlier, this date shall not be regarded as the start of the trip. If, due to the program, no specific start of the trip has yet been determined, the first Saturday of the contractually agreed month of departure shall be deemed to be the start of the trip. The above compensation lump sums have been determined taking into account the expenses usually saved. Decisive for the calculation of the deadline is the receipt in text form of the declaration of withdrawal by WWT.
c. If the participant does not or cannot make use of individual services as a result of an early return journey for which he/she is responsible or for other compelling reasons within the sphere of the participant (e.g. sudden serious illness), WWT shall seek reimbursement of the saved expenses from the service providers and return what has been received to the participant, unless the services in question are completely insignificant or statutory or official regulations prevent reimbursement. Any further reimbursement of costs in the event of termination during the current program is excluded.
d. If the trip is terminated prematurely, the participant is only entitled to a refund of the price of the trip, provided that the legal requirements for this are met. This presupposes that the trip is broken down into time periods in terms of value and calendar and that the individual services can therefore be allocated.
8. rebooking / substitute participant
a. As a rule, WWT only accepts rebookings as a withdrawal from the travel contract under the conditions of No. 7b and subsequent re-registration (if the service is available). Up to 91 days before departure, rebookings are possible against reimbursement of costs amounting to 5% of the tour price.
b. Within a reasonable period of time, but as a rule not later than seven days before the start of the trip, the customer may request, using a durable medium (e.g. letter, fax), that a third party named by him enters into the rights and obligations arising from the travel contract. WWT may object to the entry if the third party does not meet the contractual travel requirements. If the third party is admitted, the customer and the third party shall be jointly and severally liable for the travel price and the additional costs incurred as a result of the admission. The customer must be provided with proof of the amount of additional costs incurred as a result of the third party joining the tour. Additional costs may only be claimed to a reasonable extent and must actually have been incurred by the organizer.
9. notification of defects/warranty/liability/special nature of the trip
a. If the trip is not provided by WWT or the partner organization in accordance with the contract, the participant is obliged to notify WWT of the defect without culpable delay and to set WWT a reasonable deadline for remedial action, unless remedial action is impossible or would involve disproportionate expense, taking into account the extent of the defect and the value of the travel service concerned. WWT may refuse to remedy the defect if it is impossible or would involve disproportionate expense, taking into account the extent of the defect and the value of the travel service concerned.
Requests for remedies and notifications of defects must be sent by the traveler by e-mail to hello@wanderworld.travel or in writing to the business address. Claims for defects under Section 651 i (3) BGB shall lapse after two years.
b. If the participant's trip includes several program points (stays at different times in different countries), the respective end of the program to which the notification of defects refers is decisive for the start of the limitation period in accordance with § 651j BGB, insofar as this can be determined by the calendar.
c. For the duration of a travel service that does not comply with the contract, the customer may assert a claim for a reduction in the travel price (reduction); in addition, there may be claims for damages. Restrictions on the legal consequences of a defect in cases of unavoidable extraordinary circumstances result from §§ 651 k paragraph 4u. 5, 651 paragraph 1 no. 3 BGB. All of the aforementioned claims shall lapse if the customer culpably fails to report the defect immediately and remedy is thereby thwarted.
d. The trips offered by WWT are not intended to be tourist-oriented leisure activities, but to familiarize participants with everyday life in the host countries. They place increased demands on the team spirit of the participants, their resilience and the ability to adapt to the conditions of the host country. Any claims by the customer in the event of objectively unreasonable circumstances remain unaffected.
10. unilateral termination of the contract by WWT
If WWT is prevented from fulfilling the contract due to unavoidable, extraordinary circumstances (cf. 7a), WWT can declare its withdrawal immediately after becoming aware of the reason for withdrawal before the start of the trip.
WWT is entitled to terminate the contract extraordinarily and, if necessary, without notice if it is unreasonable for WWT to adhere to the contract for reasons within the sphere of the customer (e.g. the customer persistently disrupts the implementation of the trip despite a warning or his participation would endanger others). If the participant does not comply with his duty to inform WWT of circumstances which impair the participant's ability to work or move and which prevent the program from being carried out, WWT is entitled to withdraw from the contract or to terminate it for good cause if the participant cannot take up the placement or - depending on the program - the job arranged due to the illness which has been concealed, for example. In this case WWT retains the right to the agreed program price less any expenses saved, without prejudice to further statutory claims for damages.
In addition, the provisions of the respective program apply, as noted in the confirmation of participation.
11. limitations of liability for WWT as tour operator
WWT's contractual liability for compensation for damages other than personal injury is limited to a total of three times the tour price. This applies insofar as damage to the participant was not caused by WWT either intentionally or through gross negligence. This limitation of liability shall also apply to damages that are not bodily injury in relation to persons whose fault is attributable to WWT.
If a trip is divided into several program parts, WWT's liability shall be limited to three times the cost of the respective program part.
12. brokerage of third-party services
If WWT expressly arranges programs of other tour operators or individual services in the name of a third party, WWT shall only be liable for proper arrangement, not for the service itself. The conclusion of the contract and its content shall be governed by the relevant statutory provisions and, where applicable, by the terms and conditions of the respective contractual partner. If WWT acts as an agent, its liability for faulty mediation is limited to three times the price of the mediated service, unless there is intent or gross negligence or a case of § 651 v Para. 3 and 651 w Para. 4 BGB exists.
13. operating air carrier/air transportation/return flight confirmation
a. EC Regulation No. 2111 of 14.12.05 obliges tour operators, travel agents and intermediaries of transport contracts to inform travelers of the identity of each operating airline as soon as this is known before the corresponding air transport. If this is not yet the case at the time of booking, the likely operating airline must be indicated first. If the operating airline changes after the booking has been made, the customer must be informed immediately.
b. The airlines and the state coordinating authorities are essentially responsible for designing and adhering to the flight schedule. Short-term changes to flight times, routing, operating airlines (see section 3 above) and aircraft are sometimes unavoidable. For return flight confirmations that are therefore recommended or required, please refer to the relevant express information in the travel documents. Claims of the participant due to the changes remain unaffected.
14. social media clause
Participants are responsible for all content (statements, comments, photos, etc.) published on their profiles in social media and social networks. The participant may not publish any content or images that violate the laws of the Federal Republic of Germany, the target country or the WWT conditions of participation. This also applies to content or images that are obscene, defamatory, threatening, harassing or hurtful to other people/companies. Furthermore, the participant must refrain from online activities that could endanger his/her safety or the safety and privacy of the company (hotel/hostel), the aid organization or farm or the landlord. Insofar as the participant is granted shared use of an Internet connection by WWT or the hotel/hostel/aid organization/farm, the participant undertakes not to violate existing laws and not to infringe the rights of third parties (e.g. by illegally downloading copyrighted content).
15. audio and video recordings
If the trip includes participation in a preparatory seminar, the participant is not permitted to make audio and/or video recordings (including photographs) without the prior consent of WWT. Recordings/photographs approved in individual cases may not be distributed without the consent of WWT, in particular not made available to the public in social networks, on internet broadcasting platforms or in any other way.
16. passport, entry, vaccination and foreign exchange regulations / issuing of visas
a. The participant should obtain information on infection and vaccination protection and other prophylactic measures in good time; if necessary, medical advice on thrombosis and other health risks should be sought. Reference is made to general information, primarily from health authorities, doctors experienced in travel medicine, tropical medicine specialists, travel medicine information services or the Federal Center for Health Education.
b. The participant is fully responsible for the necessary identification documents, proof of vaccination, visas and other certificates as well as for compliance with customs, foreign exchange and entry regulations, unless expressly stated otherwise in WWT's program description. In the event of any uncertainties, the participant is obliged to inform WWT in writing in good time before the start of the trip.
In the event that the participant is refused entry by the competent authorities due to a lack of visas or other obstacles, the participant shall be liable for any additional costs incurred as a result.
c. The participant must obtain all public documents necessary for the execution of the trip at his own expense. If the participant fails to do so and the program or the trip is interrupted as a result, WWT is not obliged to reimburse proportionate travel costs.
d. If the duration of the trip in Colombia, Guatemala or Peru exceeds three months, WWT is not liable if the tourist visa is not extended by the local authorities. Participants can find information on extending visas and entering the country in our preparation package.
17. insurances
WWT particularly recommends taking out travel cancellation insurance, travel interruption insurance and insurance to cover repatriation costs in the event of accident or illness. Each participant receives a non-binding offer in their preparation package.
18. general duty to provide information pursuant to § 36 para. 1 no. 1 VSBG
WWT does not take part in arbitration proceedings. WWT shall nevertheless endeavor to settle any disputes out of court in direct contact with the participant. If this does not result in an amicable settlement of the dispute, WWT shall inform the participant whether it is prepared to participate in a dispute settlement procedure before a competent consumer arbitration board in the individual case in question.
19. place of jurisdiction
In the event that the participant moves his domicile or usual place of residence abroad or outside the area of application of the Code of Civil Procedure after conclusion of the contract or his domicile or usual place of residence is not known at the time the action is brought, Munich is agreed as the place of jurisdiction for WWT.
