General terms and conditions

Terms and conditions for booking EQUITOUR Riding Vacations

General Terms and Conditions for PEGASUS Riding Tours and Equitour Holidays on Horseback (hereinafter referred to as "Pegasus"):

GENERAL

Book your trip with the registration form. Please note our terms and conditions. Status: 01.11., valid for trips until 31.12.2020.!
PEGASUS & EQUITOUR Riding Tours: Organizer Equitour AG, Herrenweg 60, CH-4123 Allschwil. Head office: Allschwil near Basel.

1. conclusion of a travel contract
With the registration the customer offers the organiser the conclusion of a binding travel contract. The registration by fax, letter or online reservation is made by the applicant also for all participants listed in the registration, for whose contractual obligations the applicant is responsible as for his own obligations. The contract is concluded with the acceptance by the organizer (confirmation / invoice). Acceptance requires written form. If the content of the travel confirmation differs from the content of the registration, a new offer is available to which the organizer is bound for a period of 10 days. The contract is concluded on the basis of this new offer if the traveller declares acceptance within the binding period.

2.1 Payment
After booking confirmation, a deposit of 20% of the travel price (overseas programs 25%) per person is to be paid within one week. The remaining amount is due six weeks before the start of the trip without further request. If the tour price has not been paid in full up to 28 days before the start of the tour, the organiser can withdraw from the contract and demand compensation for damages in accordance with § 5. In the case of a direct debit order by credit card, the deposit is debited immediately after the invoice is issued, the remaining amount 6 weeks before departure. The remaining amount will only be debited if the execution of the trip is assured.

2.2 Safeguarding the travel price
The "Foundation of Legal Guarantee Fund of the Switzerlander Travel Industry" does not issue separate guarantee certificates. With our membership and proof of your booking, your payments are automatically insured.

3. benefits
The scope of the contractual services results from the service description in the catalogue (not: the travel documents with hotel lists, travel guides, etc.) as well as from the information referring to this in the travel confirmation. Additional agreements that change the scope of the contractual services require express confirmation.
The services begin with the first overnight stay of the day of arrival and end with the breakfast of the day of departure, the riding programmes begin on the 2nd day of the stay and end on the evening before the day of departure, unless otherwise stated in the services.

4. changes in services and prices
Changes or deviations of individual travel services from the agreed content of the travel contract, which become necessary after conclusion of the contract and which were not brought about by us contrary to good faith, are only permitted insofar as the changes or deviations are not significant and do not affect the overall design of the booked trip. Possible warranty claims remain unaffected, as far as the changed services are afflicted with defects. The organiser is obliged to inform the customer immediately of any changes or deviations in services. If necessary, the customer is offered a free rebooking or a free withdrawal. The operator is entitled to adjust the travel price if exchange rates change by more than 5%, transport rates change or other costs beyond our control increase (kerosene surcharge). In the event of a subsequent change in the tour price, the operator must inform the customer of this at least 3 weeks before the start of the tour. Price increases after this date are not permitted. In the event of an increase of more than 5 %, the customer is entitled to withdraw from the travel contract without paying a fee.

5. withdrawal by the customer, rebooking, replacement persons
5.1 The customer can withdraw from the trip at any time before the start of the trip. The date of receipt of the declaration of withdrawal is decisive. The customer is recommended to declare the withdrawal in writing. If the customer withdraws from the travel contract or does not start the journey, we can demand compensation for the travel arrangements made and for his expenses. When calculating the compensation, saved expenses of the travel services are to be taken into account. The tour operator can make this claim for compensation as a lump sum, taking into account the statutory provisions, as follows.
1. up to the 70th day before the start of the journey, the deposit amount exceeding 20% of the travel price (deposit expires), from the 69th to the 40th day before the start of the journey 30% of the travel price, from the 39th to the 30th day 40%, from the 29th to the 20th day 50%, from the 19th to the 10th day 65% and from the 9th day 95% of the travel price. In case of no-show or cancellation on the day of departure 100 %! For flight reservations and special tariffs ("low-cost airlines", charter) we charge the actually incurred cancellation costs extra, which are usually 100%.

Special cancellation conditions apply to bookings for a trip to the USA, South America, Canada, Mongolia, Australia or New Zealand (we will inform you about these exceptional cases): Cancellation of the trip up to 70 days before departure: 25 % of the travel price (deposit expires). Cancellation 69 to 45 days before departure: 50 %, from 44 to 1 days before departure 95 % of the tour price, for no-show 100 %.

Sometimes in the USA up to 50% lost deposit is due. In these cases we will inform you before making a firm booking. Please make sure to take out an appropriate travel cancellation insurance!

5.2 If, at the request of the customer, changes are made after booking the trip for a date that lies within the time scope of the travel advertisement with regard to the travel date, accommodation while retaining the destination (rebooking), a rebooking fee per dossier of EUR 90 to 70 days before the start of the trip can be charged if the above deadlines are met. For flight rebooking of special fares such as low-cost carriers, the special conditions of the airlines apply. Rebooking after the date of reservation is only possible in exceptional cases and often amounts to 100% of the airfare. Any costs incurred are to be borne by the traveller.

5.3 Until the start of the journey, the customer may be replaced by a third party. The Tour Operator may object to the change in the person of the traveller if the third party does not meet the special travel requirements (e.g. lack of riding training) or if legal regulations or official orders conflict with this. The traveller must reimburse the additional costs incurred. A lump-sum payment according to section 5.1. is possible. Flight rebookings are always treated as cancellations and new bookings.

6. services not used
If the traveller does not make use or only partially makes use of individual travel services as a result of an early return journey, weather conditions or other reasons for which the service provider is not responsible, there is no entitlement to a refund, even a proportional one. We recommend the conclusion of a travel insurance with travel interruption.

7. withdrawal and termination by Equitour
We can withdraw from the travel contract before the start of the journey or cancel the travel contract after the start of the journey in the following cases:

7.1 Up to three weeks before the start of the trip: If the advertised minimum number of participants is not reached, if the travel advertised for the respective trip refers to a minimum number of participants. In any case, we are obliged to inform the customer immediately after the occurrence of the prerequisite for the non-execution of the trip and to forward the declaration of cancellation to the customer without delay. The customer will be refunded the paid travel price immediately.

7.2 Without observance of the deadline: If the traveller disturbs the execution of the tour in the long term despite a warning from the local management or if he behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified. If the local management or the organiser terminates the contract, the traveller retains the claim to the tour price; however, he must have the value of the expenses saved as well as those advantages he obtains from any other use of the unused services, including the amounts credited to him by the service providers.

8. cancellation of the contract due to exceptional circumstances
If the trip is considerably complicated, endangered or impaired as a result of force majeure (natural disasters, civil war, riding bans due to serious equine diseases such as Influnza, horse plague), which was not foreseeable at the time of the conclusion of the contract, or due to unforeseeable illness of the horses, both the organiser and the traveller can cancel the contract. If the contract is terminated, the operator may demand reasonable compensation for the travel services already provided or still to be provided for the termination of the trip. Furthermore, Equitour is obliged to take the necessary measures, in particular, if the contract includes repatriation, to repatriate the traveller. The additional costs for the return transport as well as any cancellation costs incurred by hotels and other service providers shall be borne equally by the parties. Otherwise, the additional costs shall be borne by the traveller.

9 Liability of Equitour
9.1 We are liable within the scope of the duty of care of a prudent businessman for
1. the conscientious preparation of the journey;
2. the careful selection and monitoring of service providers;
3. the correctness of the service descriptions;
4. the proper provision of the contractually agreed travel services, taking into account the respective local and national customs.

9.2 The tour operator is liable for any fault of the person entrusted with the provision of services.

9.3 If, within the framework of a journey or in addition to it, a transport service is provided by regular transport and the traveller is issued with a corresponding ticket, the tour operator shall provide external services. We are therefore not liable for the provision of the transport service itself. In this case, any liability is governed by the transport regulations of these companies, to which the passenger must be expressly referred and which must be made available to him/her on request.
9.4 The organizer is not liable for accidents and their consequences resulting from the use of the horse material provided, unless 9.1 or 9.2 applies. We recommend the conclusion of an accident insurance.

10. warranty
10.1 Remedy: If the trip is not provided in accordance with the contract, the traveller can demand redress. The Tour Operator may refuse redress if it would require disproportionate effort. We may also provide redress by providing an equivalent substitute service. The unconditional acceptance of a substitute service may result in the loss of claims for compensation.

10.2 Reduction of the tour price: For the duration of a non-contractual provision of the tour, the traveller can demand a corresponding reduction of the tour price (abatement). The tour price is to be reduced in the proportion in which the value of the tour in a defect-free condition would have been in relation to the actual value at the time of sale. The reduction does not apply if the traveller culpably fails to report the defect. A defect in the travel service is to be reported to the tour guide on site. If it is not possible for the tour guide to remedy the defect, the tour operator is to be informed immediately so that the tour guide can make a further effort to remedy the defect. If the defect cannot be remedied and the traveler continues his or her trip as planned, a notice of defect must be presented to the tour guide and countersigned by the traveler as proof of the notice.

10.3 Termination of the contract: If a tour is significantly impaired as a result of a defect and the Tour Operator does not provide remedy within a reasonable period of time, the traveller can terminate the travel contract within the framework of the statutory provisions - in his own interest and for reasons of preservation of evidence, expediently by written declaration. The same applies if the traveller cannot reasonably be expected to accept the tour as a result of a defect for an important reason recognisable to Equitour. The traveller owes the Organizer that part of the tour price which is attributable to the services used, provided that these services were of interest to him.
10.4 Damages: If Equitour is responsible for a circumstance that leads to a deficiency in the tour, the Traveller may claim damages.

11. limitation of liability
11.1 The liability of Equitour is limited to three times the price of the tour.

1. as far as damage to the traveller is caused neither deliberately nor by gross negligence or
2. if the organiser is responsible for damage incurred by the traveller solely due to the fault of a service provider. This does not affect Equitour's obligation to prepare the trip carefully and to carefully select and monitor the persons and companies commissioned to provide the individual travel services.

11.2 In the case of trips with special risks (e.g. expedition and adventure character) Equitour may limit its liability with regard to these risks to three times the price of the trip by means of an express and separate declaration by the traveller. The Traveller shall be deemed to have been advised of any special risks if the description "adventure tour" or the like is included in the programme announcement.

11.3 We shall not be liable for service disruptions in connection with services which are merely brokered as external services and which are expressly identified as external services in the travel invitation to tender. The flights are operated with scheduled or charter airlines. The traveller receives a corresponding ticket and the Tour Operator acts only as a booking agent for the airlines. It is not Equitour that is liable for the provision of the transport service, but the air carrier. The airlines' liability is based on their terms and conditions of carriage, which you can view in your travel agency. We will send them to you on special request. Liability for damages caused by delay is excluded or is based on the legal regulations.

11.4 A claim for damages against the Organiser is limited or excluded to the extent that, due to legal regulations 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 limitations or is excluded under certain circumstances.

11.5 We are not liable for loss of or damage to baggage, even if it is in the care of the service provider. We recommend taking out luggage insurance.

12. obligation to cooperate
The traveller is obliged to cooperate in the event of service disruptions within the framework of the statutory provisions, to avoid possible damages or to keep them to a minimum. In particular, the Traveller is obliged to report his complaints immediately on site or to inform the Equitour office during the trip in order to enable remedial action to be taken. Remedy is to be provided on site, insofar as this is possible. If the traveller culpably fails to report a defect, a claim for a reduction in price shall not arise.

13 Exclusion of claims and statute of limitations
The traveller must assert claims against the organiser for non-contractual performance of the trip within one month of the contractually agreed end of the trip. After the deadline has expired, the traveller can assert claims if he/she was prevented from complying with the deadline through no fault of his/her own. Claims of the traveller become time-barred after six months. The statute of limitations begins on the day on which the trip should end according to the contract. If the traveller has asserted such claims, the limitation period is suspended until the day on which we reject the claims in writing. Claims for compensation for bodily injury or death of the traveller shall become statute-barred three years after the end of the trip.

14. passport, visa and health requirements
If it is possible for us, the customer will be informed of important changes to the general regulations contained in the travel description before the start of the journey. The organiser is also not liable for the timely issue and receipt of necessary visas by the respective diplomatic representation. The traveller is responsible for issuing all regulations important for the execution of the trip. All disadvantages arising from the non-observance of these regulations are at the expense of the traveller, except if they are caused by culpable misinformation on the part of the organiser. We are obliged to pass on to the traveller information on passport, visa and health regulations which are known to us or which are published by the competent authorities and which could have come to his attention within a reasonable time. Should entry regulations of individual countries not be complied with by the traveller, or should a visa not be issued in time due to the fault of the traveller, so that the traveller is therefore prevented from travelling, the organiser can charge the traveller with the corresponding cancellation fees.

15. invalidity of individual provisions
The ineffectiveness of individual provisions of the travel contract does not result in the ineffectiveness of the entire travel contract.

16. place of jurisdiction
The traveller can sue the organiser (Equitour AG) at the organiser's headquarters in Basel or, if the traveller is resident in Germany, at the place of jurisdiction Hamburg. The German or Switzerlander travel law applies. The Traveller's place of residence shall be decisive for any legal action brought by Equitour against the Traveller, unless the action is directed against registered traders or persons who have a general place of jurisdiction in Germany, or against persons who have moved their place of residence or habitual abode abroad after conclusion of the contract, or whose place of residence or habitual abode is unknown at the time the action is brought. In these cases the domicile of Equitour shall be decisive.
PEGASUS Equestrian Tours EQUITOUR The Whole World on Horseback, Organizer: Equitour AG, Herrenweg 60, CH - 4123 Allschwil (BL).
Place of jurisdiction: Basel applies to Swiss and international clients (except D, A).

 

PEGASUS & EQUITOUR Riding Vacations: responsable: Equitour AG, Herrenweg 60 CH-4123 Allschwil (Basel)