General Terms and Conditions

1. Agency for third party services

When I.D. Riva Tours GmbH (hereinafter referred to as I.D. Riva Tours) explicitly mediates programmes of other tour operators or individual services of third party suppliers, such as flights, car rentals, etc., I.D. Riva Tours only provides proper mediation, not the performance or service itself.

The conclusion of the mediated agreement and its content is determined by the relevant statutory requirements and, where appropriate, according to the conditions of each party.

2.      Conclusion of contract / Performance provided

2.1    Through the travel application (booking), the customer bindingly agrees with I.D. Riva Tours to close a travel contract. Bookings can be made verbally, by telephone, in written form or by electronic means (internet).

2.2    In case of an electronic booking, the tour operator immediately confirms the receipt of the booking by electronic means. This receipt confirmation does not yet constitute a booking confirmation. The travel contract is closed only when I.D. Riva Tours sends the customer an appropriate confirmation in text form. Anyhow, the customer is bonded to the application not longer than 14 days from receipt of the application until confirmation by I.D. Riva Tours.

2.3    The basis of the booking is the text in the travel brochure, if necessary, modified by I.D. Riva Tours by an amendment notice pursuant to Point 18, until the closure of the contract or in case of a special arrangement with the customer. In case of possible need for proof, this should be done in written form.

2.4    Intermediary agencies are not authorized to take different or additional agreements. Location and hotel brochures, whose author is not the tour operator, do not have to be respected, if they were not made by special arrangement with the customer.

3.      Privacy and operating air carrier

3.1    I.D. Riva Tours collects and uses customer data to organize the tour, for the completion of the contract and for customer service purposes. In case the customer does not wish to receive advertising material from I.D. Riva Tours, he / she may, in accordance with Article 28 of Federal Data Protection Act (BDSG), refuse the permission to use of the data; please also note the customers’ rights according to Article 34 and  Article 35 BDSG. To exercise all the mentioned rights, it is sufficient to send a short message to the contact mentioned below at Point 20.

3.2    The EU Regulation No. 2111 from 14.12.2005 obligates tour operators, travel agents and mediators of transport contracts to inform their customers before the relevant air transport on the identity of each operating airline once it is defined. In case this information is not available at the moment of the booking, in the meantime the most probable airline must be stated. In case the operating airline changes after the booking, the customer will be informed immediately.

4.      Cruises on motorized sailing ships

All vessels offered by I.D. Riva Tours meet the regulations of the Croatian cruise ship registry and other legislation concerning their condition and their safety equipment. In the interest of safety, in cases of force majeure, e.g., average or engine failure, routes may be changed, other vessels may be used or the nearest available port may be visited – this is pointed out as a precaution. Possible warranty claims will not be taken into consideration.

5.      Payment of the travel price / deposit

5.1    All payments of the travel price shall be made only upon delivery of the insolvency insurance policy, according to Article 651 k paragraph 3 BGB. For each booking, an insolvency insurance policy on the total value of the booked tour will be issued and delivered, valid for all participants mentioned in the travel confirmation. It should come together with the travel confirmation, otherwise please provide immediate information.

5.2    Upon receipt of an insolvency insurance policy, the customer must immediately pay a deposit equal to 15% of the total tour price; for motorised sailing boat charter contracts equal to 25%. The remaining payment is due 21 days prior to departure. If the contract is concluded after the 20th day before departure, the full price must be paid immediately after receiving the insolvency insurance policy.

5.3    Our insurance company: Volksfürsorge Deutsche Sachversicherung AG. For questions please contact “ReiseGarant” – Society for the placement of insolvency insurance mbH, Jessenstr. 4, D–22767 Hamburg, Phone +49 / 40 / 38 03 72 30.

5.4    Cancellation Compensation, processing and transfer fees and insurance premiums are due immediately.

6.      Price changes

6.1    I.D. Riva Tours is entitled to increase the tour price after contract closure, in case of unpredictable increases for I.D. Riva Tours or new settings of the below designated price components due to circumstances I.D. Riva Tours are not responsible for: exchange rates for the booked travel; transportation costs (especially regarding the oil price, port or airport fees, security fees in connection with transportation, entry, residence and entrance fees regulated by public law). The price increase is permitted only if there are more than four months between the signing of the contract and the beginning of the journey.

6.2    The tour price may be increased only by the amount equal to the sum of all incurred increases in the price components referred to in paragraph 6.1 of the booked trip after the contract closure. Where relevant cost increases relate to a tour group as a whole, they are initially allocated to the individual traveller. Depending on which calculation is more favourable for the customer, the originally calculated average number of participants or the expected number of participants will be used. Upon request, I.D. Riva Tours is obliged to explain to the customer the reasons and extent of the price increase.

6.3    I.D. Riva Tours must inform the customer immediately and not later than 22 days before departure, about any price increase.

6.4    In case of an increase of travel costs equal to more than 5%, the customer is entitled, without any penalty payment, to withdraw from the contract. Instead, the participation in an equivalent journey from the I.D. Riva Tours product range can be required, if I.D. Riva Tours can offer this without an extra charge. Withdrawal or a replacement tour must be explained and/or requested immediately from I.D. Riva Tours or the travel agent.

7.      Minimum number of participants

If the travel advertisement or other documents, which have become part of the contract, set a minimum number of participants, I.D. Riva Tours may withdraw from the travel contract not later than 22 days before departure, if that number is not reached.

If I.D. Riva Tours in such case withdraws from the travel contract, the customer may request to join another tour, which I.D. Riva Tours is able to provide without additional cost to the customer from its own product range. Otherwise, the paid deposit will be immediately and fully reimbursed.

8.      Change of the person travelling /?Booking changes

8.1    Until the beginning of the tour, the customer may request that a third person designated by him/her enters the rights and obligations arising from the travel contract. I.D. Riva Tours may object to the entry in case the third person does not meet the travel requirements or when his/her participation does not meet government regulations or administrative orders. Upon submission, the original and the new customer are both liable for the holiday price and for additional costs incurred by the change.

8.2    After contract closure, the customer has no right to change travel dates, destination, starting point, accommodation or transport (transfer). Starting from 30 days before departure, changes concerning the contents of the contract – unless the requested amended services are available – will usually be considered a withdrawal from the travel contract according to the regulations of Point 9 and accepted simultaneously as a new registration.

8.3    If I.D. Riva Tours accepts a booking change, a rebooking fee of € 25.00 per change will be charged; participants’ name changes will be charged € 10.00 per person.

8.4    Rebooking from charter to cruises is available only up to 60 days prior to departure. The rebooking fee is 5% of the confirmed charter price.

9.      Cancellation prior to departure

In case of a withdrawal from the travel contract before departure (cancellation), I.D. Riva Tours may claim a specifically calculated compensation for cancellation or withdrawal (I.D. Riva Tours may decide to send a compensation invoice) or apply following:

9.1    Hotels, holiday apartments, private accommodation, country cottages, flight-, bus-, and train packages, cruises (not charter):

until 30 days before departure:    15%

from 29 to 22 days before departure:   20%

from 21 to 15 days before departure:   30%

from 14 to 8 days before departure:     45%

from 7 to 1 day(s) before departure:     55%

In case of cancellation on the day?of departure or “No-Show“:         75%

9.2    Charter of motor sailing ships

until 75 days before departure:    15%

from 74 to 60 days before departure:   20%

from 59 to 30 days before departure:   40%

from 29 to 22 days before departure:   50%

from 21 to 7 days before departure:     60%

from 6 to 1 day(s) before departure:     75%

In case of cancellation on the day?of departure or “No-Show“:         90%

9.3    Additional clause for charter of motorized sailing ships

In case of cancellation of individual persons (change in the actual number of participants) within 3 days before departure, the booked meals of the cancelled participant (half or full board) must be fully paid.

The key date for calculating the time limit is the receipt of the withdrawal. It is left up to the customer to prove that the incurred loss was less severe. We recommend the customer to explain his/her withdrawal in written form.

10.    Insurance

I.D. Riva Tours explicitly recommends customers to close a trip cancellation insurance and an insurance to cover repatriation costs in case of accident or illness. We will be happy to assist you: Europäische Reiseversicherung AG, Vogelweidestraße 5, D–81677 München.

11.    Duties and rights of travellers in case of non satisfactory services

11.1  If the journey is not provided according to the terms of contract, the customer may claim compensation from the tour operator. The tour operator may deny the compensation claim if it requires a disproportionate effort.

11.2  If the tour operator does offer assistance within reasonable time limit specified by the customer, the customer can adjust things himself and demand reimbursement of necessary expenses. Formal notice is unnecessary if the tour operator denies corrections or if immediate remedial is relevant to the special interest of the customer.

11.3  For the duration of the failure to produce the contracted travel service, the customer can submit a claim for a decrease of the price (reduction). This claim is void, when the customer culpably fails to report the defect.

11.4  If the journey is severely spoiled due to a disservice, or the continuation of the journey is reasonably not possible, then the customer can terminate the travel contract in accordance with legal regulations. Before that, he must set a reasonable time to allow remedy. Formal notice is unnecessary if remedy is impossible or refused by the tour operator, or if the immediate termination of the contract is justified by a special interest of the customer.

11.5  Compensation claim and notice of defects of tours organized by I.D. Riva Tours must be addressed to the travel guide / local representative of I.D. Riva Tours (see contact details in your travel documents). If possible and reasonable, you can address I.D. Riva Tours directly (see contact details in Point 20 of the terms and in the travel documents), when the tour guide / local representation is not present or unreachable.

12.    Rights and duties of the tour guide

12.1  The respective guide/local representative of I.D. Riva Tours (contact details are provided in the travel documents you will receive before travelling) is responsible during the tour to receive notices of defects, correct claims and provide for remedial action where this is possible and necessary. He/she is not entitled or authorized to accept and approve claims for price reduction or compensation with effect against I.D. Riva Tours.

12.2  The termination of the travel contract by I.D. Riva Tours (e.g., in case of force majeure or unreasonableness of continuing the contract due to behaviour contrary to the contract by the operator), can be pronounced by the tour guide/local representative of I.D. Riva Tours, as far as they are authorized by I.D. Riva Tours.

13.    Limitation of liability for I.D. Riva Tours as a tour operator

13.1  The contractual liability to the client regarding the compensation of damages that are not physical injuries, is limited to three times the tour price, as far as

–      the damage was not caused by gross negligence or intentionally, or

–      I.D. Riva Tours is responsible for the damage caused to the client only through the fault of a service provider.

13.2  The liability of I.D. Riva Tours regarding damages caused by torts, where they are not physical injuries or caused by wilful intent or gross negligence, is limited to three times the total tour price of the affected participant. Anyhow, up to 4.100,00 €, I.D. Riva Tours is liable without limit.

14.    Liability of I.D. Riva Tours in mediation of third party services

When I.D. Riva Tours mediates only certain third party services (compare Point 1.), I.D. Riva Tours is liable only for the correct mediation of the service, not for the service performance itself.

15.    Delay, damage or loss of luggage

Damage to luggage or shipment delays in air travel and other transportation should be notified on-site to the appropriate carriers and then confirmed in written form (e.g., “Lost Report” at the airport), in order to avoid loss of entitlement in accordance with international agreements. In addition, please also observe the regulations of Point 11 and Point 17.

16.    Passport, visa and health regulations

16.1  The information on these regulations by I.D. Riva Tours at booking refers to the state at that time for members of the EU member state, in which the booking takes place, without regard to personal circumstances, where no specific details were provided.

16.2  I.D. Riva Tours explicitly points out that there is always a possibility of a subsequent amendment of the rules. I.D. Riva Tours will make all reasonable efforts to inform the customer of any changes as soon as possible, but recommends to additionally follow the news media, in order to be prepared for eventual changes.

16.3  The customer should inform him/herself about infection and vaccination and other preventive measures, and, if necessary, ask for medical advice concerning thrombosis and other health risks. General information is available in health departments, with medical travel experienced doctors, at travel medical information centres, or the Federal Centre for Health Education.

16.4  In case difficulties arise for the customer, in reference  to above rules, that prevent or affect the participation in the trip, the customer is not entitled to cancel the travel contract without penalty, when I.D. Riva Tours is able to render services and I.D. Riva Tours is not responsible for the difficulties. Mutual claims in the event of default will not be respected, unless they interfere with the liability limits in these terms of travel.

17.    Claim status, preclusion period, prescription

17.1  In case of contractual claims for total or partial non-performance or inadequate performance of travel services, the customer must, within one month after the contractually agreed end of the arrangement, inform I.D. Riva Tours at the contact information below. Only in case of involuntary failure to comply, an assertion of claims after the deadline is possible.

17.2  The customer rights referred to in Point 17.1 will expire in one year, unless there are claims concerning personal injury, or claims based on wilful misconduct or if gross negligence is involved. Such contractual rights shall expire in two years. The period begins with the date on which the journey should end according to the contract.

18.    Validity of the brochure information

The information in the brochure or on the internet can only take into account situations and circumstances at the moment of printing and/or updating; unfortunately, even despite the greatest care, printing errors may occur. Amendments to the offer remain therefore possible, until the last final declaration of contract closure by I.D. Riva Tours.

19.    Miscellaneous

Additionally statutory provisions apply (in particular the travel contract regulations in the Article 651ff of the Civil Code (BGB), where I.D. Riva Tours operates as a tour operator and where German Law is applicable for the contract).

20.    Contact Details

I.D. Riva Tours GmbH

Managing Director: Selimir Ognjenovic'

Neuhauser Str. 27, D-80331 Munich

Phone:        +49.89.23.11.000

Fax:   +49.89.23.11.00.22

Registered at the Lower District Court Munich (Amtsgericht München) HRB 107372