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General Terms and Conditions (GTC) – Radrezept | Guided E-Bike Tours
1. Provider / Contracting party
(1) The provider and contracting party for all services offered is:
Radrezept GmbH
Authorized representative: Pasquale Mennig
Friedrich-Ebert-Str. 3
88239 Wangen im Allgäu, Germany
Telephone: +49 7522 21007
E-mail:info@radrezept.com
Website:www.radrezept.com
(2) If individual services are provided in cooperation with third parties, Radrezept remains the customer's contractual partner unless expressly agreed otherwise.
(3) The information in the imprint also applies.
2. Scope
(1) These terms and conditions apply to all bookings of guided e-bike tours, group offers, corporate events, additional services and vouchers from Radrezept.
(2) Any differing terms and conditions of the customer shall not apply unless expressly agreed to.
3. Registration and conclusion of contract
(1) By registering, the customer makes a binding offer to the provider to conclude a contract.
(2) Registration can be done online, in writing, by telephone or via connected booking platforms.
(3) The contract is concluded upon the provider's booking confirmation.
(4) If the booking confirmation differs from the registration, this constitutes a new offer for a period of 10 calendar days.
4. Prices and Payment Terms
(1) General principles of payment
The full booking price is due immediately upon conclusion of the contract, unless a different deposit or partial payment has been agreed upon in the respective offer or booking confirmation.
The available payment methods are displayed to the customer during the booking process. There is no entitlement to a specific payment method.
All prices include the applicable statutory value added tax, unless net prices are explicitly stated.
(2) Payment processing via Regiondo
Payment processing for online bookings is handled via the booking platform of
Regiondo GmbH
Karlsplatz 3
c/o Office Club
80335 Munich
Bavaria
Germany.
Regiondo acts solely as a technical intermediary for bookings and as a payment processor. Radrezept remains the sole contractual partner for the booked service.
Payment is made via the payment methods offered during the booking process (e.g. credit card, PayPal, instant bank transfer, Apple Pay or other payment methods).
Refunds in the event of cancellations, changes in services or failures are generally made via the originally used payment method, unless a different agreement has been made.
The provider is not liable for technical malfunctions, system failures or payment cancellations caused by Regiondo or affiliated payment service providers and which are outside the provider's control, unless these are due to intentional or grossly negligent conduct on the part of the provider.
(3) Payment via PayPal
When selecting PayPal as the payment method, payment processing is handled via PayPal (Europe) S.à rl et Cie, SCA, Luxembourg.
PayPal handles only the payment processing and is not a contractual partner for the booked service.
The payment confirmation from PayPal is considered proof of payment.
Refunds are generally issued to the PayPal account used for the original booking.
Any fees, exchange rate costs or foreign transaction charges incurred by PayPal or credit institutions are the responsibility of the customer.
(4) Payment on site (cash payment / card payment)
If explicitly offered, payment can be made on site in cash or by debit/credit card.
The provider reserves the right to exclude or adjust individual payment methods on site for organizational reasons.
If payment is made on site, there is no entitlement to participate in the tour if the payment process fails for reasons that are the customer's responsibility.
(5) Payment by invoice (corporate and group bookings)
For corporate clients, group bookings, or individually agreed-upon programs, payment by invoice is possible upon prior arrangement. Unless otherwise agreed, invoices are due for payment within 7 calendar days of the invoice date without deduction. In case of late payment, the provider is entitled to charge default interest and reminder fees in accordance with statutory regulations or to withdraw from the contract. The provider reserves the right to request a reasonable deposit for larger booking volumes.
(6) Vouchers
Vouchers can only be redeemed within the validity period stated on the voucher.
Cash payment is excluded unless there is a legal obligation to do so.
In the case of partial redemptions, the remaining amount remains as credit.
(7) Obligations to cooperate in payment transactions
The customer is obliged to provide complete and correct payment details.
Costs incurred due to incorrect information, unauthorized chargebacks, payment cancellations or misuse of payment methods may be charged to the customer, provided that the customer is responsible for the cause.
(8) Tax advice for cross-border services
For services within the European Union, the European Economic Area (EEA) and Switzerland, the tax treatment is governed by the applicable VAT regulations of the place of performance.
For bookings made by businesses as defined in § 14 of the German Civil Code (BGB), net prices may be shown. In these cases, the legally owed value-added tax (VAT) will be charged separately, unless a tax exemption or the reverse charge procedure applies.
5. Price and contract changes after conclusion of the contract
(1) After conclusion of the contract, price changes are generally excluded unless expressly stipulated otherwise below.
(2) The provider reserves the right to make minor changes to the scope of services after conclusion of the contract, provided these are objectively justified, reasonable for the customer, and not significant. This applies in particular to organizational adjustments such as route descriptions, meeting points, time changes, guides used, or similar measures that do not substantially alter the overall character of the booked e-bike tour.
(3) Significant changes to the services that substantially affect the overall character of the booked tour will be communicated to the customer immediately upon becoming known. In this case, the customer is entitled to withdraw from the contract free of charge within a reasonable period or to accept an equivalent alternative service offered.
(4) Price changes after conclusion of the contract are only permissible if they are based on unforeseeable cost increases for which the supplier is not responsible, in particular due to statutory charges, taxes, official requirements, increased transport or energy costs, or mandatory safety measures. A price increase is only permissible if more than four months lie between the conclusion of the contract and the commencement of services and the increase is transparently justified.
(5) If a price increase exceeds 10% of the originally agreed total price, the customer is entitled to withdraw from the contract free of charge within a period set by the supplier.
(6) In the event of a permissible price reduction due to decreased costs, the supplier is obliged to pass this reduction on to the customer.
(7) Changes to the contractual services or prices will be communicated to the customer in written form (e.g. by email). The date of receipt of the notification of change is decisive.
(8) Statutory rights of withdrawal, cancellation and termination remain unaffected by these provisions.
6. Cancellation and termination by the organizer (cycling recipe)
(1) The provider is entitled to withdraw from the contract before the start of the tour if extraordinary and unavoidable circumstances exist that significantly impede, endanger, or render impossible the execution of the tour. These include, in particular, force majeure, extreme weather conditions, official orders, safety risks, natural disasters, unforeseen traffic disruptions, or similar events beyond the provider's control.
(2) The provider is entitled to, at the latest 3 days before the tour begins to withdraw from the contract if the minimum number of participants specified in the respective tour description is not reached. If no minimum number of participants is specified in the tour description, a minimum number of participants of 4 Persons per tour as agreed.
(3) In the event of cancellation pursuant to paragraph (1) or (2), any payments already made will be refunded to the customer immediately and in full. Further claims, in particular for reimbursement of travel, accommodation or consequential costs, are excluded unless the provider is guilty of intentional or grossly negligent conduct.
(4) The provider undertakes to inform the customer in writing (e.g. by e-mail) immediately after becoming aware of any permissible cancellation of the tour due to failure to reach the minimum number of participants, due to exceptional circumstances (force majeure) as well as any significant change to an essential tour service.
(5) The provider is entitled to terminate the contract without notice after the start of the tour if the customer's behavior significantly impairs the proper conduct of the tour, disregards safety instructions, endangers other participants, or violates legal regulations. In this case, there is no entitlement to a refund.
(6) If a tour has to be cancelled after it has started for reasons beyond the provider's control, there is no entitlement to a full refund. The provider may, at its sole discretion, offer a partial refund or a rebooking for an alternative date.
(7) Statutory rights of withdrawal, termination and price reduction remain unaffected by these provisions.
7. Cancellation by the customer, rebookings, substitute persons
(1) The customer may withdraw from the contract at any time before the commencement of the booked service. Withdrawal must be declared to the provider in written form (e.g., by email). The date of receipt of the withdrawal notice by the provider is decisive for the calculation of any cancellation fees.
(2) If the customer withdraws from the contract, the provider is entitled to demand reasonable compensation (cancellation fee). Unless otherwise agreed in the respective tour description or booking confirmation, the following flat-rate cancellation fees apply:
- Up to 14 days before the start of the tour: free of charge
- 13 to 7 days before the tour begins: 30% of the booking price
- 6 to 3 days before the tour starts: 50% of the booking price
- From 48 hours before the tour starts or in case of no-show: 100% of the booking price
- Up to 60 days: 50%
- 15–60 days: 80%
- From 14 days: 100%
The customer retains the right to prove that the provider suffered no damage or less damage.
(3) The provider is entitled to claim a higher, specifically calculated compensation instead of the lump-sum compensation, provided that appropriate evidence is provided.
(4) Rebookings to a different date or tour are possible up to 7 days before the tour start date, provided that suitable capacity is available. A reasonable processing fee may be charged for rebookings. There is no entitlement to a rebooking.
(5) The customer is entitled to nominate a suitable substitute to participate in the booked service in their place up until the start of the tour, provided that the substitute meets the participation requirements. The provider may object to the participation of the substitute if they do not meet the specific requirements of the tour or if legal regulations prevent it.
(6) A reasonable processing fee may be charged for handling a change of participant. The original booking customer and the substitute participant are jointly and severally liable for the booking price and any additional costs incurred.
(7) Statutory rights of withdrawal and cancellation remain unaffected by these provisions.
8. Corporate programs and individual group bookings
(1) Special programs are subject to separate cancellation policies:
(2) Provided that it is agreed in writing in an individual contract.
9. Unused services
(1) If the customer does not use individual services or the entire booked service for reasons that are within his area of responsibility (e.g. late arrival, no-show, early termination of the tour, health restrictions, failure to comply with participation requirements), or only uses them partially, there is no entitlement to a partial or full refund of the booking price.
(2) This applies in particular if the customer does not participate in the tour or terminates it prematurely due to his own decision, lack of fitness, inadequate equipment or for personal reasons.
(3) If the customer's participation in or continuation of the tour has to be terminated due to safety violations, disregard of instructions from the tour guide or endangering other participants, there is also no entitlement to a refund.
(4) If the customer does not make use of additional services (e.g. rental bike, catering, shuttle, technical training), there is no entitlement to a refund, provided that these services were properly provided or made available.
(5) The customer’s statutory rights remain unaffected.
10. Weather-related changes and safety adjustments
(1) Tours generally take place in all weather conditions, provided there are no significant safety risks.
(2) Route and procedure adjustments for safety reasons are permitted.
11. Participation requirements, fitness level and equipment requirements
(1) The prerequisites for participation in guided e-bike tours are sufficient physical fitness, safe handling of the booked bicycle type (e-bike, trekking e-bike, e-mountain bike) and the ability to safely operate the vehicle in road traffic and off-road.
(2) The customer is obliged to provide truthful information about their fitness level and riding skills when booking. The provider is entitled to exclude participants from the tour on site if their actual abilities deviate significantly from the stated requirements and this creates safety risks. In this case, there is no entitlement to a refund.
(3) Participation requires a technically sound and roadworthy e-bike. Brakes, tires, lights (if required), and battery must be functional. If a rental bike is used, the provider will perform the technical inspection. Participation in the tour for e-mountain bikers is only permitted with a technically sound, roadworthy, and fully functional e-mountain bike. In particular, the bike must have functioning brakes, an intact gear system, sufficient tire tread, and a safe battery and drive system. Additionally, for safety reasons, mirrors, kickstands, and/or luggage racks must not be mounted on e-MTBs. The provider reserves the right to exclude participants with unsuitable or safety-related defects from the tour for safety reasons. In this case, there is no entitlement to a refund of the participation fee.
(4) Wearing a bicycle helmet is mandatory throughout the entire tour. The provider also recommends wearing suitable protective clothing (e.g. gloves, weather-appropriate clothing, sturdy footwear).
(5) The customer is obliged to comply with the applicable legal regulations, in particular the road traffic regulations.
(6) The provider reserves the right to exclude participants from the tour for safety reasons if equipment, bicycle condition, or physical requirements do not meet the requirements. In this case, there is no entitlement to a refund.
12. Customer's duty to cooperate
(1) The customer is obliged to perform all necessary acts of cooperation in a timely and complete manner for the execution of the booked service. This includes, in particular, arriving punctually at the agreed meeting point, providing suitable equipment, and complying with the agreed participation requirements.
(2) The customer must follow the instructions of the tour guide and the safety-related requirements of the provider throughout the entire duration of the tour.
(3) The customer is obliged to inform the provider before the start of the tour of any health restrictions, illnesses or other circumstances that could impair safe participation.
(4) The customer shall ensure that his bicycle – unless a rental bicycle from the provider is used – is technically sound, roadworthy and suitable for the respective tour.
(5) If the customer fails to comply with his obligations to cooperate and the service cannot be provided or can only be provided to a limited extent for this reason, there is no entitlement to a refund or compensation, provided that the provider has properly offered or provided the service.
(6) Damages or disadvantages arising from the customer's breach of its duty to cooperate shall be borne by the customer, unless the provider is guilty of intentional or grossly negligent conduct.
(7) The customer’s statutory rights remain unaffected by these provisions.
13. Liability, personal responsibility and limitation of liability on guided e-bike tours
(1) Participation in guided e-bike tours is at the participant's own risk and subject to the statutory liability regulations. The customer is aware that e-bike tours involve physical activity in public traffic areas and off-road, and that there may be an increased risk of injury and accidents.
(2) The provider is fully liable for intent and gross negligence, as well as for injury to life, body, or health. In the case of a slightly negligent breach of essential contractual obligations (cardinal obligations), liability is limited to the foreseeable damage typical for this type of contract. Otherwise, liability is excluded to the extent permitted by law.
(3) The provider shall not be liable for damages caused by the customer’s own fault, failure to follow instructions of the tour guide, disregard of the road traffic regulations, overestimation of his own ability or improper use of the bicycle.
(4) The provider accepts no liability for loss, theft or damage to personal belongings, valuables or equipment, unless caused by the provider's intentional or grossly negligent conduct.
(5) The tour guide's instructions must be followed throughout the entire tour. In the event of serious violations of safety instructions or endangerment of other participants, the provider is entitled to exclude the customer from further participation. In this case, there is no entitlement to a refund.
(6) The customer undertakes to inform the provider before the start of the tour of any relevant health limitations, existing illnesses or other circumstances that could impair safe participation.
14. Warranty and rights in case of defects
(1) The statutory warranty rights apply.
(2) The customer is obliged to report any recognizable defects in the booked service to the tour guide or the provider immediately, but at the latest during the execution of the tour, so that appropriate remedial action can be taken.
(3) If the customer culpably fails to notify the supplier of a defect in a timely manner, warranty claims are excluded to the extent that the supplier had no opportunity to remedy the defect as a result of the failure to notify.
(4) If a significant defect exists, the provider is entitled to provide a reasonable replacement or remedy within a reasonable period.
(5) If the remedy fails or is impossible, the customer may, within the framework of the statutory provisions, demand an appropriate reduction of the travel price or – in the case of significant impairments – withdraw from the contract.
(6) In the case of bookings made by entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), the statutory obligations to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB) shall also apply.
(7) Claims for damages are governed exclusively by the provisions in the section “Liability and Responsibility” of these General Terms and Conditions.
(8) Statutory limitation periods for warranty claims remain unaffected.
15. Exclusion of claims and limitation period
(1) Claims by the customer due to non-contractual performance of the service must be asserted against the provider immediately upon becoming aware of the defect, but at the latest within the statutory time limits.
(2) If the customer culpably fails to give timely notice of a defect or breach of duty, although it would have been possible and reasonable for him to do so, claims are excluded to the extent that the provider was unable to remedy the defect or mitigate the damage as a result of the failure to give notice.
(3) Contractual claims of the customer shall become time-barred within the statutory limitation periods.
(4) Claims for damages due to injury to life, body or health, as well as claims arising from intentional or grossly negligent conduct by the provider, shall be subject exclusively to the statutory limitation periods.
(5) For bookings made by entrepreneurs within the meaning of Section 14 of the German Civil Code (B2B customers), contractual claims shall become time-barred – to the extent permitted by law – within twelve months from the commencement of the statutory limitation period.
(6) Statutory rights, mandatory consumer protection rights and liability under the Product Liability Act remain unaffected by these provisions.
16. Insurance
(1) The provider expressly recommends that the customer take out travel cancellation insurance and – depending on personal needs – an extended insurance package (e.g. including trip interruption, accident, liability or health insurance), especially when participating in guided e-bike tours and outdoor activities.
(2) Travel cancellation insurance should be taken out as soon as possible after booking. It can generally be taken out retroactively up to 14 days after receipt of the booking confirmation. For bookings made within 14 days of the start of the trip, it is generally only possible to take out the insurance on the day of booking or at the latest on the following working day. The terms and conditions of the respective insurance provider apply.
(3) The provider collaborates with various insurance companies as an insurance partner, without providing brokerage or advisory services. However, the customer is not obligated to use this provider. Insurance policies from other providers may also be taken out, provided they meet the requirements of the booked service and the respective insurance terms and conditions have been effectively agreed upon.
(4) Insurance contracts are concluded exclusively between the customer and the respective insurance provider. The provider does not act as an insurance intermediary and assumes no liability for the content, scope, or benefits of the concluded insurance policies.
(5) If the customer chooses not to take out travel cancellation or supplementary insurance, he shall bear the financial risk for cancellation costs, non-attendance, trip interruption, illness, accident or other unforeseeable events.
(6) Please note that statutory or contractual cancellation fees charged by the provider may apply regardless of whether insurance coverage exists. Claims for reimbursement must be made directly by the customer to the insurer.
17. Rental conditions, duty of care and liability (E-MTB)
17 A: Rental requirements
(1) Rentals are made exclusively to persons of legal age and with legal capacity.
(2) Minors may rent an e-mountain bike only with the written consent of a parent or guardian.
(3) The tenant must identify himself upon handover by presenting a valid official photo ID.
(4) The renter confirms that he is physically fit and has sufficient technical knowledge of handling bicycles.
17 B: Induction
(1) Before handover, technical instruction will be given on operation, motor support, braking system and battery handling.
(2) The briefing does not replace driver training. The renter is obliged to use the vehicle only in accordance with his or her personal abilities.
17 C: Duty of care
(1) The renter undertakes to use the e-mountain bike carefully, properly and in accordance with the applicable legal regulations.
(2) The vehicle must be secured against theft, in particular by using the lock provided.
(3) The e-mountain bike must not be operated under the influence of alcohol, drugs or other intoxicating substances.
(4) Disclosure to third parties is prohibited.
(5) Obvious defects or damage must be reported to the landlord immediately.
17 D: Deposit
(1) The landlord is entitled to demand a security deposit.
(2) The security deposit serves to cover possible costs of damage, repair or loss.
(3) Refunds will be issued after the vehicle has been properly returned and inspected.
(4) The landlord is entitled to offset justified claims against the security deposit.
(Example: Deposit €500–1,000, depending on bike category.)
17 E: Tenant's liability and deductible
(1) The tenant shall be liable for damages incurred during the rental period which are not due to normal wear and tear.
(2) The tenant shall be liable for damages resulting from falls, improper use or operating errors in accordance with statutory provisions.
(3) If a limitation of damages has been agreed, the deductible in the event of damage shall be
€350 per incident.
(4) The limitation of liability does not apply in cases of intentional or grossly negligent conduct.
(5) In case of theft, the tenant shall be liable up to the amount of the replacement value, unless proper security measures are proven.
17 F: Landlord's liability
(1) The landlord shall be liable without limitation in cases of intent, gross negligence and in cases of injury to life, body or health.
(2) In the event of a slightly negligent breach of essential contractual obligations, liability shall be limited to the foreseeable damage typical for this type of contract.
(3) Otherwise, liability is excluded to the extent permitted by law.
18. Combination of rental bike & guided tour
18a: Contractual relationship
(1) When booking a guided tour with rental bike, two linked services are provided:
a) Rental agreement for the e-MTB
b) Service contract for the guided tour
(2) Participation in the tour is subject to the fulfillment of the rental requirements.
18 B: Risk warning off-road driving
(1) Mountain biking, especially off-road, on gravel roads, forest roads or alpine trails, is associated with an increased risk of falls and injuries.
(2) Despite careful tour planning, uneven terrain, roots, loose rocks, gradients and weather-related changes cannot be completely ruled out.
(3) Participation is at your own risk.
(4) The participant undertakes to implement the guide's instructions immediately and to drive on passages only within the scope of his driving skills.
(5) The guide is entitled to exclude participants from individual sections of the route if they are clearly overwhelmed or pose a safety risk.
18 C: Personal responsibility
(1) Each participant is responsible for his own driving style and speed.
(2) Wearing a suitable helmet is mandatory; gloves and, if necessary, protectors are recommended for sporty tours.
17. Final Provisions
(1) German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The place of jurisdiction for merchants is the registered office of the supplier.
(3) Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected.