1.1. The following shall apply in relation to all booking methods:
a) The offer of I.D. Riva Tours and the client’s booking shall be based on the published description of the travel package offered as well as any supplementary information as provided by I.D. Riva Tours (such as classification specifications e.g.) as provided and available to the client at the time of his/her booking.
b) Travel agents and booking service providers are not authorised by I.D. Riva Tours to conclude contracts on I.D. Riva Tours’ behalf, to provide information or warranties which in any way amend the agreed contents of the travel package contract, go beyond the published description or contractually provided warranties of the travel package or contradict same.
c) Any information provided in hotel guides and similar directories which have not been published by I.D. Riva Tours, shall have no binding effect for I.D. Riva Tours and its contractual obligations, unless expressively agreed otherwise.
d) If the booking confirmation communicated by I.D. Riva Tours differs in any way from the booking placed by the client, such confirmation shall constitute a new offer by I.D. Riva Tours to which it shall be bound for a period of 10 days. The travel package contract shall be concluded on the basis of this new offer, provided I.D. Riva Tours has indicated such amendments to the client and has duly fulfilled its pre-contractual information duties in relation thereto and provided moreover, the client has accepted same, either expressively or tacitly by way of effecting payments in this regard.
e) Any and all information provided by I.D. Riva Tours prior to conclusion of the travel package contract in relation to material specifics of the travel services, the travel package price and any additional costs, the conditions of payment, the minimum number of travel participants and standard cancellation fees - in accordance with Article 250 Subsection 3 numbers 1, 3 to 5 and 7 EGBGB (Introductory Code to the German Civil Code) – shall not become subject to the travel package contract only if this has been explicitly agreed upon by and between I.D. Riva Tours and the client.
f) In relation to any client bookings made not only for the client him/herself but also for and on behalf of fellow travelers, the client shall be liable for the contractual obligations of such fellow travelers in the same way as for its own contractual obligations, provided the client has expressly undertaken to assume such fellow travelers’ obligations by way of a separate declaration to this effect.
1.2. The following applies to bookings made orally, telephonically, in writing, by e-mail or by fax:
a) By way of placing a booking (travel booking), the client - in a contractually binding manner - furnishes an offer to I.D. Riva Tours to enter into a travel package contract to which it shall be bound for a period of 3 working days.
b) The corresponding travel package contract is concluded upon the client receiving I.D. Riva Tours’ acceptance which is given by way of I.D. Riva Tours’ booking confirmation. Upon or immediately subsequent to the conclusion of the travel package contract, I.D. Riva Tours shall provide the client with a corresponding booking confirmation document which shall be compliant with the statutory provisions defining such a booking confirmation’s necessary contents. The booking confirmation document shall be issued on a pre-servable medium, i.e. in such a manner which shall allow for the client to keep or store the booking confirmation document as provided by I.D. Riva Tours, in order to access same at any moment within an adequate period of time (e.g. on paper or by way of an email attachment), provided the client is not entitled to a booking confirmation document on paper in accordance with Article 250 Section 6 Subsection (1) second sentence EGBGB (Introductory Code to the German Civil Code) which applies in cases where the travel package contract is concluded in the physical presence of both parties or in cases where it is concluded outside business premises as defined in Section 312b BGB (German Civil Code).
1.3. In relation to bookings which are generated electronically (e.g. via internet or app or tele media) the following shall apply:
a) The client is instructed about the relevant online booking procedure on I.D. Riva Tours’ website or app.
b) In order to correct, delete or reset the entire online booking form, various functions shall be available to the client which the client shall be informed and instructed about online.
c) The various language options which may be used to pursue the booking process are provided on I.D. Riva Tours’ website or app.
d) If and to the extent that the travel package contract’s content are saved electronically, the client shall be informed accordingly as well as about the possibility of accessing and down loading the respectively stored data at any later point in time.
e) By activating the button “Make a binding booking now” (binding booking resulting in a payment duty) the client furnishes to I.D. Riva Tours a binding offer to conclude the travel package contract which the client shall be bound to for a period of three working days as of the time at which the client’s respective offer is electronically triggered in accordance with the aforementioned process.
f) Immediately thereupon, the client will automatically receive an electronic confirmation of receipt in relation to his/her travel booking.
g) Transmitting the travel booking by way of activating the button “Make a binding booking now” shall not entitle the client to any rights regarding the conclusion of a travel package contract on the basis of the travel booking submitted. I.D. Riva Tours remains free to, at its sole discretion, accept the client’s travel booking or not.
h) The travel package contract shall be concluded upon the client receiving I.D. Riva Tours’ respective booking confirmation which shall be provided by I.D. Riva Tours on a pre-servable medium.
i) In cases where an electronic booking confirmation is automatically triggered and visible on the screen immediately upon the client having activated the button “Make a binding booking now”, a contractual relationship is concluded upon the client receiving such booking confirmation, i.e. upon same appearing on the screen without any confirmation of receipt becoming necessary in relation to the client’s travel booking (real time booking). In such cases, the client may opt whether to electronically save or print such booking confirmation. Either way, a binding travel package contract shall have been concluded, irrespective of whether the client opts to save or print the booking confirmation or decides to do neither.
1.4. I.D. Riva Tours advises the client herewith that, according to the applicable statutory provisions (Section 312 Subsection (7), 312 g Subsection (2) Sentence 1 No. 9 BGB – German Civil Code), the client shall not be entitled to any right of revocation in relation to travel package contracts which according to Sections 651a and 651c BGB (German Civil Code) have been concluded remotely (i.e. by way of letter, brochure, telephone, telefax, E-Mail, mobile phone, mobile text message, as well as by radio broadcast, television and online services). The client’s statutory rights to cancellation, especially his/her cancellation rights according to Section 651 h BGB (German Civil Code) (see also Clause 4 below) shall remain unaffected. The client shall however be entitled to revocation if the travel package contract has been concluded outside of business premises, unless the oral negotiations on the basis of which the travel package contract was subsequently concluded were conducted due to the client’s respective request in which case, in turn, the client shall have no right of revocation.