General terms & conditions

1. Introductory clause

Best Hikes Bavaria is a tour operator that bundles various services, like transportation service and a tour guide to one package and is hereinafter referred to as „Best Hikes Bavaria“ or the „tour operator“.

Best Hikes Bavaria offers several bookable hikes, trekkings, day trips and similar products hereinafter referred to as „services“.

Best Hikes Bavaria offers its services to customers who can book these services as guided hiking tours via the website https://www.besthikesbavaria.com/. The customers are hereinafter referred to as „customer“

Best Hikes Bavaria is the organizer of the tours & services and collaborates with fulfillment partners such as drivers, hiking guides or tour guides who run the actual tour or service and are hereinafter referred to as „partners“.

2. Applicability of the terms of use

These ‘Terms and Conditions’, together with our ‘Privacy Policy’, are bound on every part of the website. Visitors to the website may use it only on condition that they accept these Terms & Conditions and read and understand the Privacy Policy. By using the website or any part of it means the customer accept that the customer have read and understood the Terms & Conditions and the Privacy Policy, and agree to be bound by all parts of them.

3. Obligations of the user

When booking a service, the customer as the customer have certain obligations to ensure the smooth operation of the booking process. Please read the following sections carefully to understand these obligations.

3.1 Accurate Information: As a customer, it is the customer responsibility to provide accurate and current information during the booking process. This includes, but is not limited to, the customer full legal name, contact details, and any other information that may be required to complete the customer booking.

3.2 Representation: If the customer are making a booking on behalf of other people, the customer represent and warrant that the customer have the legal authority to act on their behalf. The customer are responsible for informing such individuals about the Terms, and their obligations under them.

3.3 Responsibility for fellows: As the customer who books, the customer are responsible for ensuring that all data provided for fellows is accurate and up-to-date. This includes, but is not limited to, full legal names, dietary restrictions and any other pertinent details. The customer must obtain the necessary consent from fellows to share this information with Best Hikes Bavaria, and our partners. The customer are responsible for any errors or omissions in this information.

3.4 Payment: As the customer who books, the customer are responsible for full payment at the time of booking, unless otherwise stated. The customer agree that all payment details provided will be correct, and that the customer are authorized to use the payment method provided.

3.5 Compliance with terms: The customer who books is required to comply with all relevant Terms & Conditions stated on our website. The customer also agree to abide by any laws, rules, regulations, or restrictions applicable to the services booked.

3.6 Communication: It is the customer responsibility as the Booker to communicate any changes, cancellations, or concerns to Best Hikes Bavaria in a timely manner.

Please remember that as the customer who books, the customer play a vital role in ensuring a smooth, safe, and enjoyable experience for all customers. By accepting these Terms, the customer commit to fulfilling these responsibilities. Failure to do so may lead to cancellation of the booking, forfeiture of payment, and other consequences as defined by the applicable laws and these Terms.

The customer who books assumes all liability for any damages or losses resulting from the violation of these Terms & Conditions, and agrees to indemnify Best Hikes Bavaria, its partners, and their respective directors, officers, employees, and agents from any and all claims arising from such violations.

4. Booking

On the website of Best Hikes Bavaria https://www.besthikesbavaria.com/ the customer can make a booking for one of the Best Hikes Bavaria services. Once the payment arrived at Best Hikes Bavaria, the customer booking is made, the customer receive a payment & booking confirmation. After that the availability is checked again. Should it not be possible to book all related services of the customer booked tour for the dates booked, we will look for alternative dates in agreement with the customer. Should these dates not be possible either, then the trip cannot take place and there will be a full refund of the initial payment.

5. Payment

When booking a service at https://www.besthikesbavaria.com/ the payment is due at the time of booking. The booking will only be confirmed when the payment has been issued and arrived at Best Hikes Bavaria.

If the payment cannot be issued by the customer bank or credit card provider, Best Hikes Bavaria reserves the right to cancel the customer booking, and the applicable cancellation fees as outlined in our cancellation policy will apply.

If there is no availability for the dates the customer have booked, we will look for other starting dates or another trekking in agreement with the customer. If other dates are not an option for the customer, the customer initial payment will be refunded.

6. Changes of the booked services

6.1 Changes by the tour operator

Best Hikes Bavaria makes every reasonable effort to ensure that all information provided on its website regarding services is accurate and up to date. However, in exceptional circumstances, certain aspects of the booked services may be subject to change. These may include, but are not limited to, the starting point of the hike, the specific hiking route, the schedule, or other logistical details. Such changes may arise due to factors including, but not limited to, traffic disruptions, adverse weather conditions, participant injuries, partner or subcontractor availability, or safety concerns.

Any such changes will be communicated to the customer as promptly as possible. The customer agrees to accept these modifications, provided they do not result in a significant disadvantage to the customer.

In the event of a change to the scheduled date of the service, the customer has the right to cancel the booking and will receive a full refund.

6.2 Changes by the customer

If the customer wishes a change of the booking, for example the date or another hike, the tour operator will do its best to accommodate the change, but is not obliged to do so. If a change is possible, the customer will receive an invoice for any additional costs incurred by the changes. This invoice must be paid to confirm the modifications.

7. Price

The prices listed on the official website of Best Hikes Bavaria constitute the applicable and binding prices at the time of booking. Prices published in printed materials, such as flyers or brochures, may be outdated and are therefore not valid. Customers are required to refer to the current prices stated on the website prior to making a booking.

The tour operator may increase the service price by up to 8% after the contract has been concluded if there are changes in energy costs related to transportation (e.g. fuel, gasoline, electricity), taxes or fees (e.g. port or airport charges, tourist levies), or exchange rates, in accordance with § 651f of the German Civil Code (BGB).

8. Transportation Services

The tour operator does not operate the transportation services directly. All transport from Munich to the destination is carried out by independent third-party providers. These third-party drivers are solely responsible for conducting the transport and are required to hold a valid license in accordance with the provisions of the German Passenger Transportation Act (PBefG).

9. Cancellation policy

9.1 Cancellation by the customer

The customer may cancel his booking within 24 hours after booking free of charge. In addition he can cancel extraordinary for the following reasons: illness (with medical certificate issued on the 1st day of the hike), death or death of a first-degree family member (with death certificate).

Cancellation after 24 hours after booking result in a 100% cancellation fee of the total booking amount.

The customer needs to contact Best Hikes Bavaria to arrange the cancellation.

9.2 Cancellation by tour operator

Best Hikes Bavaria reserves the right to cancel the booked service up to 18 hours before the scheduled start time for any of the following reasons:

An insufficient number of participants (the minimum required is 4 participants)
Adverse weather conditions that pose a safety risk
Restrictions or closures affecting the hiking trails
Other unforeseen events of significant impact that make the execution of the service impossible or unreasonable

In such cases, customers will be notified promptly and will receive a full refund. Further claims for compensation are excluded.

10. Assumption of risk

By booking any service provided by the Tour Operator, the customer acknowledges and accepts that activities such as hiking and swimming involve inherent risks, including but not limited to the risk of personal injury, property damage, or death. The customer voluntarily participates in all activities at their own risk and assumes full responsibility for their actions and safety. Furthermore, by participating in any swimming-related activity, the customer confirms that they possess the necessary swimming skills and physical condition to do so safely.

11. Warranties

Best Hikes Bavaria makes all reasonable efforts to ensure the accuracy of the information published in or through the website, but Best Hikes Bavaria does not provide any warranties. Best Hikes Bavaria may correct, modify, amend, enhance, improve and make any other changes to its website and itsservices at any time or discontinue displaying or providing any content or features without a notice to the customer as customer.

12. Registration

The use of the website https://www.besthikesbavaria.com/ can generally be done anonymously. Certain types of use of the website, such as the making of bookings, require registration. During registration, the customer sends an electronic registration form and consents to the General Terms and Conditions. The registration with Best Hikes Bavaria is only concluded once a confirmation is sent to the e-mail address specified by the user. A natural person must be over the age of 18 in order to register.

13. Sharing information with third parties

When the customer concludes a purchase of a service offered on https://www.besthikesbavaria.com/, some or all of the data the customer has provided to Best Hikes Bavaria will be transmitted to the fulfillment assistants such as hiking guide or driver in order to to ensure a proper execution of the booked product. Whenever required by authorities or legal bodies Best Hikes Bavaria will also provide the requested information for the purpose of complying with the law. Best Hikes Bavaria hereby reserves the right to transmit such data to third parties, authorities, etc.

14. Third-Party Content & Links to other websites

Best Hikes Bavaria does not assume any responsibility for third-party content that may be available on the website, and for content linked to the website or which is linked to, from it, or referred to. Best Hikes Bavaria does not recommend or endorse such content, and will not have any liability relating to it. Where Best Hikes Bavaria links to third-party websites, the customer use such websites at the customer own risk. We recommend reading the policies of these websites and review how these websites may process personally identifiable data relating to the customer. If the customer think we have illicit content on the Website, please send an email to besthikesbavaria@gmail.com.

15. Travel & health insurance

When booking a service at https://www.besthikesbavaria.com/ a travel & health insurance is compulsory. At the very least, travel insurance should cover medical expenses, including repatriation, death and personal injury and loss of or damage to personal property, personal liability and legal expenses. The customer needs to make sure his travel insurance covers all activities the customer plan to undertake, including dangerous or unusual activities such as climbing, cliff jumping, walking at altitude, hiking or biking on uneven, unpaved or risky terrain. It is recommended to obtain cancellation insurance. Best Hikes Bavaria is not responsible for any injuries or death, nor loss of or damage of personal property and will not cover any compensation.

16. Force Majeure

16.1. Definition of Force Majeure for Best Hikes Bavaria: For the purposes of these Terms and Conditions, 'Force Majeure' is defined as any unforeseeable and insurmountable event external to the parties, the consequences of which could not have been avoided even if all reasonable measures had been taken. This includes, but is not limited to, natural disasters, epidemics or pandemics (such as COVID-19), war, threat of war, civil disturbances, unforeseeable restrictions by statutory or official regulations, and other external unforeseeable circumstances which render the performance of the contract in whole or in part objectively impossible.

16.2. Implications of Force Majeure: If Best Hikes Bavaria is rendered wholly or partly unable to perform its obligations under any booking due to Force Majeure:

Best Hikes Bavaria shall notify the customer as soon as reasonably possible detailing the nature and extent of the Force Majeure event.
Neither Best Hikes Bavaria nor the customer will be deemed to be in breach of the booking terms, nor shall they otherwise be liable to one another, for any delay in performance or non-performance of any obligations under the booking due to the Force Majeure event.
Best Hikes Bavaria reserves the right to delay or cancel any trek or service. However, where cancellation occurs due to Force Majeure, customers will not be entitled to any compensation from Best Hikes Bavaria.

16.3. Financial Implications and Responsibilities: In the event of a delay, disruption, or cancellation due to Force Majeure:

Any and all additional costs or expenses arising out of the delay or disruption will be borne solely by the customer.
Customers are strongly advised to obtain comprehensive travel and cancellation insurance that covers the risks associated with Force Majeure events. In principle, any costs or losses incurred due to such events are the responsibility of the customer and may be claimed through their own insurance.

17. Liability

17.1 Liability of the customer

The customer and the customer’s fellows are responsible for adhering to all local (safety) measures and regulations. In the event that the customer fails to comply with local regulations, Best Hikes Bavaria is in no way liable for any damage caused to the customer or anyone else. Optional activities, excursions or services that are not part of the booking are entirely at the customer own risk. If the customer breach these terms or the terms of the service provider, then the tour operator will not bear the costs.

17.2. Liability of the tour operator

Best Hikes Bavaria collaborates works with fulfillment assistants such as drivers, hiking guides or tour guides. We carefully select our partners

While we curate and manage these experiences, the operational execution is the responsibility of our partners. Best Hikes Bavaria acts as an intermediary between the customer and the trekking company. Therefore, we are not a party to the contract between the customer and the supplier, and our liability is limited to the extent permitted by applicable law.

Best Hikes Bavaria BV does not accept responsibility for any loss, injury, or damages incurred during participation in the trekking experiences, which are undertaken at the customer own risk. The customer acknowledge that participation in such activities involves inherent risks, and the customer are responsible for ensuring the customer are adequately prepared and insured.<./p>

By using this website, the customer indemnify Best Hikes Bavaria BV from all claims, suits, demands, liabilities, costs, and expenses resulting from the customer use of the Website or any third-party services linked to it. Best Hikes Bavaria shall not be held responsible for indirect, incidental, or consequential damages arising from the customer use of the Website or any reliance on its content.

18. Travel documents

The customer and the customer fellows must be in possession of the necessary travel documents required for the customer booked destination. These include a valid passport, ID card, visa, etc. This is the customer responsibility as a traveler, and all possible associated costs are for the customer own account.

19. Insolvency protection in accordance with § 651r of the German Civil Code (BGB)

Best Hikes Bavaria has secured insolvency protection in accordance with § 651r of the German Civil Code (BGB). In the event of insolvency, any payments made for package tours (all services that last more than 1 day), as well as repatriation costs (if transportation is included in the package), are protected. The insolvency protection is provided by Allianz Deutschland AG.

The guarantor’s contact details are:
Allianz Deutschland AG, Königinstraße 28, 80802 München, Phone: +49 800 41 00 280 or Email: info@allianz.de

Customers will receive a security certificate (“Sicherungsschein”) pursuant to § 651r (4) BGB along with the booking confirmation, which documents their entitlements in the event of the tour operator’s insolvency.

20. Privacy

Please see our Privacy Policy.

21. Copyright

As between the customer and Best Hikes Bavaria, the website is and remains protected by copyright and/or any other intellectual property rights. The customer acquire no rights in the website, and in any names, trade names, and distinctive signs of any nature (including trademarks) published on the website. The customer may access and view the website, but not incorporate it into other websites, and not copy, present, license, publish, download, upload, send or make it perceptible in any other way without our prior written consent.

22. Applicable law

Use of this website is governed by German law. Any dispute should exclusively be submitted at a competent court in Germany.

23. Information on Online Dispute Resolution / Consumer Arbitration

The EU Commission provides an online platform for dispute resolution:
https://ec.europa.eu/consumers/odr
This platform is a contact point for resolving disputes arising from online purchases or service contracts involving a consumer.
The provider is neither willing nor obligated to participate in consumer arbitration under the German Consumer Dispute Resolution Act (VSBG).
Our email address is listed in the header of these GTC.