TERMS AND CONDITIONS

The following Terms and Conditions regulate the legal relationship between SMOOTH TOURS, Sommerstr. 28, 81543 Munich, Germany (subsequently “Smooth Tours”, “we”, “us”, “our”) and the tour participants (subsequently “you”, “your”) in connection with all tour arrangements, which are provided within the scope of full-day, half-day or multi-day tours (subsequently “tours”) operated by us.

Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these Terms and Conditions and agree to them.

In the event of inconsistencies with written agreements made with us, such agreements shall have priority over these Terms and Conditions.

TOUR ITINERARY

After you contact us, we will do our best to process your request within 2 working days. To create an individual proposal (itinerary), we will communicate with you by e-mail. References in these conditions to “in writing” or similar include communication by e-mail. Your data is treated as strictly confidential and serves for this purpose only.

Please note that, prior to booking, all offers remain non-binding and may change at any time.

PRICES

Since we only offer private tours, tour prices are per group and not per person.
Tour prices include door-to-door transportation in a high-class car or mini van with a separate driver, a full-time guide, parking, fuel and tolls if applicable, admission fees as stated in the itinerary and 19% German sales tax (MwSt). In the case of multi-day tours prices also include accommodation based on double occupancy and breakfast.

Not included in the tour price are air fares, meals and beverages, laundry, personal purchases, gratuities and anything not specifically included in the tour itinerary.

Should there be several services (in particular of multi-day tours), Smooth Tours does not state the costs for each single part of the journey, but only one total price including all services.

BOOKING AND CONDITIONS OF PAYMENT

Once you agree with the itinerary we will send you a confirmation e-mail together with an invoice of the total price. It is at this point that a contract between Smooth Tours and you comes into existence.

To secure a booking, Smooth Tours must receive payment of the minimum non-refundable deposit of 20% of the total tour price (or full payment if booking within 4 weeks of the start of your tour). A higher deposit will be payable if any supplier requires additional payment at the time of booking or prior to balance due date. The applicable deposit will be confirmed at the time of booking.

The payment of the balance due must be received by Smooth Tours not later than 4 weeks before the start of your tour. The complete payment may also be made at the time of booking.

Smooth Tours reserves the right to withdraw from the contract without compensation, if the deposit or remaining amount of the tour price is not paid in due time. Please contact us immediately if there are problems regarding your payment.

CHANGES AND CANCELLATIONS BY YOU

Our cancellation charges are calculated from the day written or verbal notification is received by Smooth Tours as a percentage of the total tour price. If you notify us by e-mail you should receive a reply within 24 hours; if you do not receive one you should assume your e-mail has not been received and must contact us again immediately. The cancellation charges shown below are those which will apply to most tours. However, some suppliers have conditions which require the payment of higher charges (including the imposition of 100% cancellation charges well in advance of the normal balance due date) which you will have to pay in the event of cancellation. You will be advised at the time of booking if this is the case for your tour.

Cancellation charges:

  • 30 and more days prior to tour begin: retention of deposit
  • 29 – 15 days prior to tour begin: 40%
  • 14 – 7 days prior to tour begin: 60%
  • 6 – 2 days prior to tour begin: 80%
  • 1 day prior to tour begin or no-show: 100%

In the event that you cannot take the journey yourself, you can assign your booking to another person. You as well as the person to whom you have assigned your journey to shall be jointly liable for the entire price of the tour.

Should you wish to make any changes to your confirmed tour, try to notify us as soon as possible. Whilst we will endeavor to assist, we cannot guarantee we will be able to meet any such requests. Where we can assist, we will do so as a complimentary service and will charge you only the costs we might incur (for example for canceling a reserved service or booking a more expensive one).

CHANGES AND CANCELLATIONS BY US

In the event that Smooth Tours has to withdraw or cannot provide an agreed tour service due to personal or health circumstances, our sole responsibility is to provide a full refund.

Cancellations due to governmental travel advisories or warnings, acts of war, terrorism, natural disasters or any other circumstance outside the control of Smooth Tours, and which we, even with all due care, could not foresee, will not be eligible for any form of refund. Smooth Tours will endeavor to honor the tour at a later date.

Requirements to make changes for confirmed accommodation or sightseeing features may become necessary due to circumstances beyond the control of Smooth Tours. In that case, we will substitute by a service of the same or higher category with no surcharge whatsoever.

Confirmed itineraries may be subject to minor changes like rescheduling because of late arrival of aircraft, to attempt to avoid inclement weather or any other inconvenience.

TRAVEL DOCUMENTATION

You are fully responsible for gathering the information and making the required travel arrangements. You have sole responsibility for determining your immigration requirements and obtaining appropriate documentation, including but not limited to passports. Most countries require that the passport be valid for at least 6 months beyond the conclusion of your trip. Smooth Tours assumes no liability for inconveniences and consequences arising from insufficient preparation.

TRAVEL INSURANCE

You are personally responsible for taking out travel insurance. Please check before departure whether you are sufficiently insured for the full duration of the tour in respect of at least medical expenses, injury, death and repatriation. We strongly recommend you to take out an insurance to cover cancellation costs.

COMPLAINTS

Should you have a complaint about any of your tour arrangements, you must tell our representative and the relevant supplier (if applicable) at the time. It is only if Smooth Tours and the relevant supplier know about problems that there will be the opportunity to put things right. Failure to complain on the spot may result in your ability to claim compensation, if applicable, from us being extinguished or at least reduced. If your complaint cannot be resolved on tour you should notify us in writing within 28 days of the end of the tour.

LIABILITY

Smooth Tours is fully liable for damages regarding tour arrangements organized by us which we caused intentionally or in gross negligence. The liability for cases of ordinary negligence shall be explicitly excluded. This means that we will accept responsibility if, for example, you suffer death or personal injury or your contracted tour is not provided as promised or proves deficient as a result of the failure of Smooth Tours to use reasonable skill and care in performing your contracted tour. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our guides and drivers do or do not do if they were at the time carrying out work we had asked them to do.

We will not be responsible for any injury, illness, death, loss (including loss of possessions and loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from

  • your acts and/or omissions (including without limiting your participation in any activity not specifically detailed as included on the tour) or those of any member of your party, or
  • the acts and/or omissions of a third party not connected with the provision of your tour, or
  • circumstances which we could not have reasonably anticipated or avoided.

We ensure you to carefully select, instruct and control our partners. However, Smooth Tours can assume no liability for possible inconveniences and consequences caused by third-party suppliers such as but not limited to hotels or museums.

When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. If your behavior at any time during a tour is endangering or appears likely to endanger the safe, comfortable or happy progress of the tour, we reserve the right to cancel the tour without refund or recompense. In that case, we will have no further responsibility towards you (including any return travel arrangements) and we will not meet any expenses or costs incurred as a result of the cancellation.

In the case of ill health, we may make such arrangements as we see fit and recover the costs thereof from you. No refund will be given for any unused services. If you have any medical condition or disability which may affect your active participation in your tour or have any special requirements as a result of any medical condition or disability, please tell us before you confirm your booking so that we can assist you in considering the suitability of the proposed tour.

APPLICABLE LAW AND JURISDICTION

The contractual relationship between Smooth Tours and you shall be exclusively governed by German law. Place of jurisdiction is Munich, Bavaria, Germany.

TERMS AND CONDITIONS CHANGES

These Terms and Conditions are subject to change without notice at the discretion of Smooth Tours. The Terms and Conditions current at the time of booking confirmation will apply to your tour. The above Terms and Conditions are current as of January 1, 2020