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Conclusion of the travel contract

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You are bindingly offering Wheel of India GmbH the conclusion of the travel contract with your registration.

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The registration can take place via an internet form, by telephone or in writing and is made by the applicant, also for other participants identified in the registration. This is made by the participant, and also applies to all other participants included in the registration, for whose contractual obligations the registering participant stands surety, as he does for his own obligations, insofar as he has undertaken a corresponding separate obligation through an explicit and separate declaration.

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The contract is considered as signed when the tour operator accepts the application. This acceptance need not be made in any particular form. A booking confirmation as well as the risk coverage certificate will be given by the operator to the participant at or shortly after the conclusion of the booking contract.

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If there is any discrepancy between the content of the travel confirmation and the content of the registration, Wheel of India GmbH will make a new offer, which is binding to us for a period of 10 days. The contract comes into existence based on this new offer if the traveler declares his acceptance to the tour operator within the commitment period. The contractual acceptance can also be done by paying the travel amount agreed upon.

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Payment

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Upon conclusion of the contract and handing out a risk coverage certificate according to § 651 k Abs. 3BGB, a down payment of 15% of the tour price per person is due and payable within 14 days of invoicing. The remaining amount is payable at least 28 days before the tour starts in return for the delivery of travel documents.

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If less than 28 days lie in between conclusion of the contract and the start of the tour, please pay the total amount immediately in return for a risk coverage certificate and the delivery of travel documents.

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Services

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The agreed upon services derive from the service descriptions of the different tours (please see e.g. flyer or tour descriptions on our webpage www.wheelofindia.de) and the referring specifications in the booking confirmation.

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The information set out in our flyers and on the webpage are binding for the tour operator. The tour operator reserves the right to change the travel description in accordance with § 4 Abs.2 BGB-InfoV in case of objectively justified, substantial and unpredictable reasons. The customer will be informed prior to the booking.

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Changes of services and prices after conclusion of the travel contract, custo

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Alterations or deviations of individual travel services from the agreed content of the journey, which are necessary after the conclusion of contract and which are not caused by the travel operator against an act in good faith are reasonable for the contractual partner as far as the alterations or deviations are not so grave as that they do not affect the overall arrangement of the booked journey. Any warranty claims the Passenger may have shall remain unaffected if the modified services are unsatisfactory.

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Wheel of India GmbH reserves the right to change the price agreed on during the booking in case of the increase of transportation costs or charges for certain services such as charges for the port or airport, or change in the exchange rate relevant for the trip, as follows: If there is an increase in transportation costs, especially the cost of fuel, Wheel of India GmbH can raise the price of the travel package based on the following: a) In the case of an increase per seat or bed, the tour operator can require that the guest pay the amount of the increase. b) In other cases, the additional transportation costs charged by the transportation company per mode of transportation will be divided by the number of seats or beds of the arranged mode of transportation and the tour operator can demand the resulting increased amount for the individual seat. If charges such as airport or port charges, payable by the tour operator, are increased, the price of the tour may in turn be increased by the appropriate proportionate amount. An increase of the tour price is only permitted if more than 4 months lie between the conclusion of the contract and the agreed travel date.

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In the case of a subsequent amendment to the price of the holiday or of an amendment to an essential travel service, Wheel of India GmbH must inform the traveler accordingly without delay, at the latest, however, 21 days before commencement of the holiday. Price increases from the 21st day before departure are invalid. In the case of price increases of more than 5% or in the case of a considerable amendment to an essential travel service, the traveler is entitled to withdraw from the travel contract free of charge or to demand to take a tour which is at least of the same value, if the tour operator is in a position to offer such a tour from its range of holidays at no extra cost for the traveler.

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The customer must assert these rights without delay against Wheel of India GmbH after the latter's declaration of the price increase or of the amendment of the travel service.

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Cancellation by the customer, rebooking, replacement person

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You may cancel at any time before the start of your travel. The cancellation comes into effect once the declaration of cancellation has been received by the tour operator. We recommend that you declare a cancellation in written form.

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If you cancel the travel contract or you do not travel at all, or not come to the airport at the time mentioned in the travel documents, then we can demand a refund from you for the travel arrangements already made and for the expenditures incurred. Our cancellation fees are generalized, taking into account the usual savings in expenses and possible alternative use.

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From the 95th to the 29th day prior to the starting day of the trip, our cancellation fee is 50%. Until the 28th day and non-appearance, the cancellation fee is 75%. The customer reserves the right to provide evidence of a smaller loss. We absolutely recommend the conclusion of a travel resignation cost insurance.

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Till upto the time the tour commences you may ask a third person to travel in your place and take over the contractual responsibilities. We may object to such substitution, if the person concerned does not meet the specific tour requirements or statutory provisions or administrative orders stand in the way of his/her participation. If a third person enters the contract as replacement, you and the replacing person are liable to the tour operator as joint debtor for tour price and the additional cost incurred due to the admission of the third person.

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We will charge a processing fee of 28,00€ for the substitute person.

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Services not used

If, due to a premature return trip or other compelling reasons, you do not avail yourself of some of the travel services, then we shall endeavor to obtain reimbursement of the expenses which the service providers have saved. This obligation of ours does not apply to fully insignificant services or if reimbursement is in conflict with statutory regulations or the dispositions of governmental authorities.

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Cancellation and termination by the tour operator

Wheel of India GmbH can withdraw from the contract before the trip starts or terminate contract of travel during the trip in the following cases:

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Effective immediately, if the traveler significantly disturbs the trip in spite of a warning from the operator or if he behaves in violation of the contract to the extent that the immediate termination of the contract is justified. In case of a termination, we hold the right to keep the balance of the travel price minus the saved expenditures, other benefits that are obtained from services not used, as well as refunds given by the service providers.

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Withdrawal by us up to 6 weeks before the trip begins if the minimum number of participants announced by us is not achieved. In all cases, we shall be obligated to inform you without delay if these prerequisites for discontinuation occur and to deliver our declaration of withdrawal without delay.

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Cancellation of contract due to extraordinary circumstances

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If the trip is significantly hindered, endangered or impacted due to force majeure that was not foreseeable when the contract was concluded, then both you and we can cancel the contract. If the contract is cancelled, then we can demand reasonable compensation from you for the travel services that have already been rendered or must still be rendered in order to terminate the trip.

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We are obligated to meet the necessary measures, in particular, if the contract covers the transportation to take you back. Any additional costs incurred for the return transport are to be borne equally by both parties.

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Liability

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The contractual liability of damage that is not damage of the body is limited to the triple tour price, a) as for as the damage on the side of the travelling person is not caused deliberately or negligently or b) if the tour operator is only responsible for the damage on the side of the travelling person because of a fault of a service provider.

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The liability of the Organizer in tort for damage to property which is not due to a deliberate act or gross negligence is limited to three times the price of the trip. This maximum sum is applicable in each case for each individual travel participant for each package tour he/she may take. Potential claims related to luggage in accordance with the Montreal Convention are not affected by this limitation.

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The tour operator is not liable for defaults connected to services that are mediated as external services (e.g. sports events, visits to the theatre, exhibitions, etc.) and which are expressively stated in the travel offers and booking confirmation as services rendered by an outside party stating the arranging contractual partner so clearly that they are discernible to the customer as not being part of the travel performance of the tour organizer. Wheel of India is, however, liable as follows: a) for services that include the transportation of the guest from the described departure point of the journey to the described destination, intermediate transportation during the journey and accommodation during the journey. b) to the extent to which the guest suffers damages as a result of a failure on the part of the tour operator to fulfill its obligation to inform, explain or organize.

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Duties of the client

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Notice of defects: In the event of defective performance, each traveler is required to undertake whatever may be reasonably expected of him to contribute to alleviate the defect and to keep any potential damages to a minimum. This means particularly for the client to mention his/her complaints immediately to the local tour guide. If a respective local tour manager or tour agent is not available or cannot be reached, the client must get into contact with the tour operator (Wheel of India GmbH, Hauptstrasse 20, 29640 Schneverdingen, Germany, Tel.: 0049 (0)5193519191, Fax: 0049(0) 5193519193) via telephone, telegram or telefax and deliver the complaints in order to take appropriate action to process the complaints and possibly to seek remedy. The local tour operator or agency is not authorized to issue declarations that are binding on us. If the traveler neglects to notify a defect and is at fault for this neglect, then the traveler shall not have a right to reduction of the travel price. In case of the loss of luggage, the defects have to addresses to the transport company immediately. The transport company must issue a written confirmation. Without notification, you might lose your claim.

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Termination: If the travel is considerably affected by a defective performance, the Traveler may terminate the Travel Agreement. This same applies if the traveler is not expected to undertake the journey as a consequence of such a deficiency for an important, recognizable reason. The termination shall only be admissible if the tour operator or a respective tour guide allowed a reasonable deadline of the tour member to expire without offering a remedy. The provision of a period is not required if the remedy is impossible or is refused by us or our guides or immediate termination. This happens by a special interest of your which does not belong to the services.

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Exclusion and limitation of claims, notification periods, assignment prohibition

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Within one month after the contractually agreed end of the package tour, your travel-contractual claims have to be addressed to the tour operator (see below for details). After this one month period liabilities can only be claimed if the participant was unable to adhere to this period for reasons that were beyond his control, or tortious claims.

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Travel-contractual claims concerning property or financial damages according to §§ 651 c to 651 f BGB become time-barred after one year as long as the damage was not caused by a deliberate or grossly negligence by the tour operator, its legal representative or one of its vicarious agents. The limitation period commences on the day on which the trip ends in accordance with the agreement. in the event that there are any negotiations between the client and tour operator regarding a claim or its circumstances, then the expiry of period of limitation shall be suspended until the client or the tour operator refuses to continue the negotiations. The limitation of claim will come into effect at the earliest 3 months after the said suspension. Claims due to illegitimate actions and all claims regarding bodily harms are subject to the legal time-barred period of one year. The assignment of claims against the tour operator is excluded except for claims among family members.

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Passport and Visa requirements, health regulations

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The tour operator informs nationals of EU countries, in which the tour is offered, about passport and visa requirements as well as health regulations (e.g. legally required vaccinations or certificates) that are needed for the duration of the stay. The responsible consulate can give information to nationals of other states.

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We are not responsible for the timely issue and receipt of necessary visas by the respective diplomatic representation, even if you have entrusted us with the procurement, unless we have violated its own obligations at fault.

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For regulations on passport, visa, customs, foreign exchange and health, kindly refer to the information given on our website under the menu Service. These regulations concern holders of German passports. Other nationals need to seek information from their responsible consulate. They are responsible themselves for the observance of all regulations important for the realization of the tour. Any loss, in particular the payment of cancellation fees, arising from a failure to comply with these regulations, is to be borne by the traveler, except where Wheel of India has culpably provided incorrect advice or failed to provide advice

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Should the travel contract include transport by airplane, the traveler will be informed about the chosen airline during the booking. In case the airline is not chosen by the time of booking, the customer will be informed as soon as it was chosen. In the event of a change in airlines, the tour operator has to inform the client immediately about the new airline. You can find the 'blacklist’ under the following website: http:// air-ban.europa.eu.

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Final clauses

Invalidity of individual provisions does not entail invalidity of the entire travel contract. Solely German law is applicable to the whole contractual and legal relationship between the tour operator and the customer. The tour operator can be sued in the jurisdiction of its registered office. The tour operator can sue the client on his/her domicile. If the client is a merchant or legal entity under public law, or is a person that has his/her domicile or habitual residence abroad, or his/her domicile or habitual residence is not known by the time the action is filed, the tour operator’s domicile shall be the exclusive legal venue for any disputes direct or indirect resulting from the contractual relationship. The above shall not apply if international conventions prescribe other action compulsorily.

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Address

Wheel of India GmbH
Hauptstasse 20
29640 Schneverdingen
Germany
Tel.: +49 5193 519191
Fax: +49 5193 519193
Contact number in India: +91 94190 70623
Internet: www.WheelofIndia.de
Email: info@WheelofIndia.de