Terms and Conditions

 General Terms and Conditions

1. Registration for the trip and conclusion of the travel contract
1.1 The registration form, the detailed offer of the trip and the general terms and conditions are available on the website www.you-and-lexi-travel.com.
1.2 Before registering for the trip, the participant is obliged to familiarise himself with the details of the offer, the general terms and conditions and general information on the applicable passport and visa regulations of the respective travel countries. The same applies to health requirements, with individual risks to life and health in the areas to be travelled, as well as the possibility of insuring against any risks with additional insurance.
1.3 In the tour offer, the organiser may publish on its website a list of documents that are essential for participation in the tour and request their submission or procurement by a corresponding deadline. The absence of such documents or their late submission may be considered a cancellation of the trip for which the participant is responsible.
1.4 The participant registers for the trip by correctly completing and submitting the registration form on the organiser's website. All data provided in the registration form must be correct. Incorrect data may be regarded as a cancellation for which the participant is responsible.
1.5 Registration by a minor participant is not possible.
1.6 By registering for a trip, the participant immediately declares that his/her physical and mental state of health allows him/her to participate in this trip and the activities included in the offer. In the event of any doubts concerning the fulfilment of these conditions, the participant is obliged to contact the organiser in this matter before registering. In the event that the Organiser establishes after booking that the Participant does not meet the conditions set out in this paragraph, the Organiser shall have the right to terminate the contract with immediate effect and clause 5.3 shall apply. If this right is exercised, it shall not be regarded as termination for reasons for which the Organiser is responsible.
1.7 By registering, the customer makes a binding offer to the tour operator to conclude a travel contract. This offer is based on the tour descriptions and the supplementary information provided by the tour operator for the respective tour. By booking the tour, the customer accepts the general terms and conditions of the tour operator.
1.8 Bookings can be made in writing or electronically (email, internet, WhatsApp). In the case of internet bookings, the tour operator will confirm receipt of the booking electronically without delay. This confirmation of receipt does not constitute confirmation of acceptance of the booking order.
1.9 For the purpose of providing essential information or explanations in connection with the trip, the organiser will contact the participant by electronic mail and, in some cases, by telephone. For this reason, it is essential that the participant provides contact details in the registration form to enable effective communication.
1.10. The registration is also made by the customer for all fellow travellers listed in the registration, for whose contractual obligations the customer is responsible as for his own obligations.
1.11. The travel contract is concluded upon receipt of the tour operator's declaration of acceptance. It does not require any particular form. Upon or immediately after conclusion of the contract, the tour operator will send the customer a written travel confirmation within 72 hours of the online booking.

2 Payment
2.1 Within two weeks of receipt of the booking confirmation and the travel price insurance certificate, any insurance taken out and a deposit of 25% of the tour price are due and payable by bank transfer. The remainder of the tour price is only due if it is certain that the tour will be carried out as booked. The balance is due 5 weeks before the start of the tour.
2.2 If the customer does not pay the deposit and/or the balance in accordance with the agreed payment due dates, the tour operator is entitled to withdraw from the travel contract after issuing a reminder with a deadline and to charge the customer cancellation costs in accordance with section 5.2 sentences 2 to 5.5.
2.3 The travel documents will be prepared after full payment and sent by the tour operator to the specified address approx. 10 days before the start of the tour.

3. services and changes to services

3.1 Changes or deviations of essential travel services from the agreed content of the travel contract which become necessary after conclusion of the contract and before the start of the trip and which were not brought about by the tour operator in bad faith are only permitted insofar as the changes or deviations are not significant and do not affect the overall design of the booked trip.
3.2 Any warranty claims remain unaffected insofar as the changed services are afflicted with serious demonstrable defects.
3.3 The tour operator is obliged to inform the customer immediately of any significant changes or deviations in services on a durable medium. If necessary, he will offer the customer a free rebooking or a free cancellation.
3.4 In the event of a significant change, the tour operator shall inform the customer of the changes and set a reasonable deadline for acceptance. The customer is entitled to accept the changes within this period or to withdraw from the travel contract free of charge or to demand participation in a replacement tour, if offered. If the customer does not respond to the notified change by the tour operator or does not respond within the set deadline, the notified change shall be deemed to have been accepted. The customer must be informed of this.

4. price adjustment
The tour operator reserves the right to adjust the price agreed in the travel contract as follows in the event of an increase in transport costs or charges for certain services such as harbour or airport fees or a change in the exchange rates applicable to the trip in question.
4.1 If the transport costs existing at the time of conclusion of the travel contract, in particular fuel costs, increase, the tour operator may increase the tour price in accordance with the following calculation:
a) In the case of an increase related to the seat, the tour operator may demand the amount of the increase from the traveller.
b) In other cases, the additional transport costs demanded by the transport company per means of transport are divided by the number of seats on the agreed means of transport. The tour operator may demand the resulting increase for the individual seat from the traveller.
4.2 If the charges existing at the time of conclusion of the travel contract, such as harbour or airport fees, are increased vis-à-vis the tour operator, the tour price may be increased by the corresponding pro rata amount.
4.3 In the event of a change in exchange rates after conclusion of the travel contract, the tour price may be increased to the extent that the tour has become more expensive for the tour operator as a result.
4.4 An increase is only permitted if the customer is informed no later than 20 days before the start of the tour and the circumstances leading to the increase had not yet occurred before the contract was concluded and were not foreseeable by the tour operator at the time the contract was concluded.
4.5 The tour operator is obliged to grant the customer a reduction in the tour price at his request if and insofar as the prices, charges or exchange rates mentioned in 4.1.a) and b) have changed after conclusion of the contract and before the start of the tour and this leads to lower costs for the tour operator. If the customer has paid more than the amount owed hereunder, the tour operator shall reimburse the additional amount. However, the tour operator may deduct the administrative expenses actually incurred from the additional amount to be refunded. At the customer's request, the tour operator must provide evidence of the amount of administrative expenses incurred.
4.6 In the event of price increases of more than 8%, section 3.4 applies accordingly.

5 Cancellation by the customer, rebooking, replacement persons
5.1 The customer may cancel the tour at any time before the start of the tour. Decisive is the receipt of the cancellation notice by the tour operator. The cancellation must be declared in writing or electronically.
5.2 If the participant cancels the travel contract or does not start the trip, the tour operator loses its claim to the travel price. Bookings can be cancelled free of charge up to 35 days before the start of the trip. Excluded from this free cancellation are individually requested flight bookings, in particular flight travel offers that are specially created for individual groups. In all other cases, the tour operator may demand compensation for the travel arrangements made and for his expenses (compensation) instead of the travel price, provided that he is not responsible for the cancellation or no unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity that significantly impair the performance of the package tour. When calculating the compensation, usually saved expenses and usually possible other uses of the travel services are to be taken into account.
5.3 The tour operator may calculate this claim for compensation as a lump sum in a percentage of the tour price, taking into account the following breakdown according to the proximity of the time of cancellation to the contractually agreed start of the tour.
Standard fees:
- Cancellation up to 35 days before the start of the trip (if no free cancellation according to 5.2): 100% of the tour price
- Cancellation from 21 days before the start of the trip: 50% of the trip price,
- Cancellation less than 21 days before departure: 0% of the tour price,
- On the day of departure or in the event of non-commencement of the tour: 0% of the tour price.
At the customer's request, the tour operator is obliged to justify the amount of compensation. The traveller is at liberty to prove to the tour operator that he has incurred no or significantly less damage than the lump sum demanded by him. The tour operator reserves the right to demand specific compensation in deviation from the above flat rates. In this case, the tour operator is obliged to quantify and substantiate the compensation claimed, taking into account the expenses saved and any other use of the travel service.
5.4 If, at the customer's request, changes are made to the travel date, the destination, the start of the trip, the accommodation, the mode of transport or the registered number of participants (rebooking) after the trip has been booked for a date that falls within the scope of the travel advertisement, the tour operator may charge a rebooking fee per traveller if the following deadlines are met.
5.5 Bookings can be rebooked to another date or another destination free of charge up to 35 days before the start of the trip. This does not apply to individually requested flight bookings, in particular flight travel offers that are specially created for individual groups. If the rebooking request is made later than 35 days before the start of the trip and the rebooking is still possible, the tour operator may demand that the rebooking be carried out by means of a new booking and simultaneous cancellation under the conditions set out in sections 5.2 and 5.3.
5.6 Up to 7 days before the start of the trip, the traveller may request that a third party assumes the rights and obligations arising from the travel contract in their place. The tour operator may object to the entry of the third party if the third party does not fulfil the travel requirements or if legal regulations or official orders prevent their participation. For the rebooking, the additional costs actually incurred by the tour operator and any additional costs payable to service providers (e.g. airlines, ferries, etc.) for the rebooking will be charged. At the customer's request, the tour operator will provide proof of the amount of the additional costs. If a third party enters into the contract, he and the traveller are jointly and severally liable to the tour operator for the tour price and the additional costs incurred by the entry of the third party.

6 Cancellation by the tour operator
The tour operator may cancel the travel contract before the start of the trip in the following cases:
6.1. up to 14 days before the start of the tour:
If the advertised minimum number of participants is not reached (see respective programme description) up to 2 weeks before the start of the trip at the latest, if a minimum number of participants is indicated in the travel advertisement for the respective trip. In any case, the tour operator is obliged to inform the customer of this immediately after the conditions for the non-fulfilment of the tour have been met and to send him the declaration of cancellation without delay.
6.2 If the tour operator is prevented from fulfilling the contract due to unavoidable, extraordinary circumstances, the tour operator shall cancel the contract immediately after becoming aware of the reason for cancellation. In this case, the cancellation will be made.
6.3 In the event of cancellation by the tour operator, the customer shall be refunded the paid tour price without delay.
6.4 Without notice: The tour operator expects the traveller to respect the customs, traditions and laws of the host country.
If, despite prior warning, the traveller disrupts the trip to such an extent or violates the contractual provisions or applicable laws that further participation in the trip is unreasonable, the tour operator may exclude the traveller from further travel. A prior warning is not required if the traveller's misconduct is so serious that immediate termination of the travel contract is urgently necessary. This is particularly the case if a repeat offence would endanger other travellers or employees or violate their rights (e.g. consumption of illegal drugs, violence, discriminatory behaviour, targeted bullying, sexual harassment).
If necessary, the tour operator will provide age-appropriate assistance with the return transport of the traveller. Any additional costs incurred as a result of the exclusion from travel shall be borne by the traveller. In addition, the tour operator retains the right to the tour price.

7 Course of the trip
7.1 The organiser provides accommodation (e.g. campsite) with a representative of the organiser.
7.2 The organiser expects the participant to take an active and flexible approach to any problems that arise during the trip.
7.3 The Organiser is not responsible for changes and inconveniences that are not within its sphere of responsibility (e.g. force majeure, decision of state authorities) and reserves the right to change the programme offered on site and to replace the local partner for activities offered.
7.4 The Organiser will not refund the value of services that have not been fully utilised for reasons for which the participant is responsible, e.g. delay at the meeting point, voluntary abandonment of part or all of the trip.
7.5 The organiser is not responsible for items destroyed, stolen or left behind by the participant after the end of the trip.
7.6 Responsibility for damage caused by grossly negligent or wilful behaviour on the part of a participant shall be borne exclusively by the participant.
7.7 The participant declares to be in possession of an international health insurance policy which is valid in the respective country of travel.

8 Limitation of liability
8.1 The tour operator accepts no liability for damage, accidents, injuries or death that occur during the trip.
8.2 The general terms and conditions and cancellation conditions of the respective contractual partner apply.

9. duty to co-operate
9.1 The traveller is obliged to cooperate within the framework of the statutory provisions to avoid or minimise any damage in the event of disruptions to services.
9.2 In particular, the traveller is obliged to inform the local tour guide immediately of any complaints. The latter is instructed to take remedial action where possible. If the traveller culpably fails to report a defect and the tour operator is unable to remedy the situation for this reason, the traveller cannot claim a reduction in price or compensation.
9.3 The traveller requires health insurance or international health insurance valid in the destination country of the trip, which covers all costs in the event of damage.

10 Passport, visa and health regulations
10.1 The customer is obliged to inform himself/herself in advance about the applicable passport, visa and health regulations and to take appropriate measures independently.
10.2 The traveller is responsible for obtaining and carrying the necessary travel documents, any necessary vaccinations and compliance with customs and foreign exchange regulations. Any disadvantages arising from non-compliance with these regulations, e.g. the payment of cancellation costs, shall be borne by the traveller.
10.3 The tour operator is not liable for the timely issue and receipt of necessary visas by the respective diplomatic representation if the traveller has commissioned the tour operator to obtain them, unless the tour operator has culpably violated its own obligations.

11. carriage of baggage
Baggage is transported in the normal volume. This means a maximum of one suitcase and one item of hand luggage per person. Any deviations require the prior consent of the tour operator. Luggage and other items carried must be supervised by the traveller when changing planes.

12 Place of jurisdiction
12.1 The traveller may only sue the tour operator at its registered office.
12.2 The place of residence of the traveller is decisive for actions brought by the tour operator against the traveller. For legal action against customers or contractual partners of the tour operator who are merchants, legal entities under public or private law or persons who have their domicile or usual place of residence abroad or whose domicile or usual place of residence is unknown at the time the action is brought, the place of jurisdiction shall be the registered office of the tour operator.
12.3 In the interests of both contracting parties, an attempt will first be made to reach an out-of-court settlement.

13. arbitration and participation in disputes
With regard to the law on consumer dispute resolution, the tour operator points out that it does not participate in voluntary consumer dispute resolution. The tour operator refers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr/ for all travel contracts concluded in electronic legal transactions.

14 Absence of the right of cancellation
In accordance with Section 312g (2) No. 9 BGB, the participant has no right of cancellation of the concluded contract.

15 Rights and obligations of the participant
15.1 The participant is obliged to have the currently required documents for crossing the border of his home country and the borders of the country of travel ready during the trip.
15.2 The participant must always ensure that they do not create any danger for themselves or other fellow travellers.
15.3 The consumption of any illegal substances is prohibited and may lead to immediate exclusion from the trip without the participant being compensated for this exclusion.
15.4 In the event of a serious and persistent breach of order during the trip by a participant that threatens the interests or safety principles, the organiser may prohibit the participant from continuing the trip without the participant being compensated for this exclusion. In such a case, all costs of the further stay abroad and the return home shall be borne solely by the participant.
15.5 The participant is obliged to observe the customs and foreign exchange regulations of the country of travel.
15.6 In the event that the participant wishes to make a complaint, he/she is obliged to inform the organiser directly on site and during the trip. Objections and complaints raised after the end of the trip cannot be considered.

16. data protection
We collect your personal data as part of your order. The collection, processing and use of this data by us is carried out in accordance with the statutory provisions and is limited to the processing of the order, including the invoicing process. You can find everything else in our privacy policy.

17. obligation to provide information on the identity of the operating air carrier
According to EU Regulation 2111/2005, the organiser is obliged to inform the customer at the time of booking about the identity of the operating airline of the air transport services to be provided in connection with the booked trip.
If the operating airline has not yet been determined, the probable airline must be named first and the customer must be informed accordingly as soon as the operating airline has been determined. In the event of a change of the operating airline, the organiser must inform the customer immediately. The information on the operating airline within the meaning of EU Regulation 2111/2005 does not constitute a contractual claim to the performance of air transport with the named airline and does not constitute an assurance, unless a corresponding assurance arises from the travel contract. Insofar as it has been contractually agreed in a permissible manner, the organiser expressly reserves the right to change the airline. The 'Community list' of unsafe airlines published by the EU Commission on the basis of EU Regulation 2111/2005 is available at http://ec.europa.eu/transport/air-ban/list_de.htm (follow the links there to the current list).

18. severability clause
18.1 Should parts of this agreement be or become invalid or unenforceable, the other parts shall remain valid. Ineffective parts shall be regulated in accordance with the meaning and purpose of this agreement.
18.2 The invalidity of individual provisions of the travel contract shall not result in the invalidity of the entire contract.

All information corresponds to the status: 02.03.2024