We ask you to please read these Booking Conditions carefully prior to making your booking as they, along with the other information on this website, will form the basis of your contract with us.  Valid from 1 September 2005. 

Your contract is with Touching Nature Travel, Adlerstrasse 5, D-85354 Freising, Germany.  Registration number:  115/273/51148. 

When we talk about ‘your holiday’ in these Booking Conditions we mean the holiday services you booked with Touching Nature Travel. 

1. Booking and deposit:  When you make a booking you guarantee that you as the party leader have the authority to accept, and do accept, on behalf of your party the terms of these Booking Conditions.  To make a booking you must complete our online booking form and submit it together with any payment required.  However, completing the booking form and receipt of a deposit does not guarantee a booking.  A binding contract will only exist when we send out our email confirmation, including the Confirmation Invoice to the party leader.  Please note, changes and errors occasionally occur.  Everyone going on holiday must check if all information is complete and correct.  You must contact us immediately if you think any details are incorrect.  We regret we cannot accept responsibility if you fail to notify Touching Nature Travel straight away. 

The day you arrive at your accommodation is the day your holiday starts (which may not be the day you leave your home country). 

If you book your holiday more than 4 weeks prior to the start of your holiday, we require a non-refundable deposit of 15% of the holiday cost per person.  To confirm a booking, you must complete our online booking form; this is to ensure that you are familiar with these Booking Conditions.  At the time of reservation, a credit card is needed to book.  If your home currency is not Euro (€), then your card company will change the amount paid in Euro (€) to your currency at favourable interbank rates. 

However, if your booking is received within 4 weeks of your holiday, the total cost will be payable immediately. 

2. Final payment:  The balance must be paid no less than 4 weeks before your holiday starts.  Balance payment can be made by credit card, Euro (€) bank draft posted to our office or International bank transfer.  Debit cards are not accepted.  If you choose to pay the balance by credit card please use our online Pay Balance form. 

Note: No further reminder is sent to you by Touching Nature Travel other than the Confirmation Invoice.  If we do not receive payment or hear from you about your intentions to pay by 4 weeks prior to the holiday start date, then we reserve the right to cancel your booking and to retain your deposit. 

3. Holiday price:  All prices are quoted in Euros (€) and we must receive payment in Euros (€).  We reserve the right to increase or decrease the prices of unsold holidays at any time.  Once the price of your chosen holiday has been confirmed at the time of booking then, subject to the correction of errors, we will not increase or decrease the cost of your holiday.  If there are any changes to the prices on this website, these will be confirmed at the time of booking.  We will not change the confirmed price of your holiday due to fluctuations in currency exchange rates.  We reserve the right to correct errors in both advertised and confirmed prices and we will do so as soon as we become aware of the error.

4. Travel insurance:  Adequate insurance is essential and we strongly advise you to take out travel insurance for you and all members of your party. When obtaining travel insurance you must ensure that the insurer is aware of the type of activity holiday to be undertaken. 

5. Changes or cancellations by YOU:  Once a booking request is received and we have issued our Confirmation Invoice, any modification of dates, itinerary or the transfer of your booking to a third party (introduced by you) will require a change fee.  We will do our utmost to make these changes, but it may not always be possible.  Fees vary according to the scope of the change, but can be substantial if last minute changes lead to hotel cancellations.  In addition, you must pay any costs or charges incurred or imposed by any of our suppliers.  Any request for changes to be made must be received in writing (an email is sufficient) at our offices from the person who originally made the booking.  Touching Nature Travel will confirm acceptance of the change (if it can be accommodated) by email including an amended Confirmation Invoice.  Note: you may change your holiday booking to another date within the same year. Your holiday cannot, however, be carried over to the following year. 

To cancel the entire holiday, the person who made the booking must write, fax or email our offices.  Our contact details are stated on your Confirmation Invoice. Telephone cancellations will not be accepted.  The date of cancellation will be the date Touching Nature Travel RECEIVES this written notice.  If some, but not all party members cancel, additional charges may be payable by the remaining members, e.g. single supplements.  Where a cancellation reduces the number of party members below the number on which the price, number of free places and/or any discount of a group booking was based, then you may no longer qualify for group discount.  If this applies we will recalculate the cost of your group booking and re-invoice you accordingly. 

To compensate us for estimated losses and expenses you will have to pay cancellation charges.  The charges set out below are shown as a percentage of the holiday cost, this is calculated on the basis of the total cost payable by the person(s) cancelling excluding amendment charges.  Amendment charges are not refundable in the event of your cancellation. 

Please note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.   

6. Changes & cancellations by US:  When you have made a contract with us, we will do our utmost to ensure that your holiday arrangements do not have to be changed. Nevertheless, because the arrangements may have been made months in advance, sometimes changes have to be made and we must reserve the right to do so. 

Most changes are minor and include, for example, a change of accommodation to a similar or higher classification.  We will advise you as soon as reasonably possible with the alternative available, but we regret that no compensation is payable for minor changes.

We try never to cancel a client’s holiday, but we must reserve the right to do so.  However, we will endeavour not to cancel your holiday for any other reason except for reasons of force majeure (see 6.1) or where you have failed to make any payments by the due date.   

If a cancellation becomes necessary, we will inform you as soon as practicably possible and we will offer you the choice of purchasing another holiday from us (with you paying any difference if it is more expensive OR receiving a refund if it is less expensive).  Alternatively, if you prefer, you can receive a full refund of any money you have paid to us (excluding amendment charges) plus compensation on the scale shown below. However, in no case will we pay compensation if the cancellation is due to force majeure (see 6.1) or failure by you to pay the final balance of your holiday in accordance with our Booking Conditions. 

Compensation payments relating to a child place for which you have paid a child price are half the amount shown above.  There are no compensation payments payable to those travelling on ‘free child places’.

6.1 Force majeure:  In these Booking Conditions the term ‘force majeure’ means unusual and unforeseeable circumstances or events beyond our control which we, or the supplier of the service(s) in question, could not, even with all due care, foresee or avoid such as, for example, Acts of God, natural disasters, adverse weather conditions, floods, fire or any other destruction of the accommodation or holiday resort, natural or nuclear disasters, riots, war or threat of war, civil or political unrest, strikes, industrial action, epidemics and health risks, terrorist activity, insolvency of any supplier connected with a holiday, or any other reason beyond our control.  

If a ‘force majeure’ situation arises after the start of your holiday we will make every effort to help you, but we regret we cannot make any refunds, pay any compensation or be responsible for any costs or expenses incurred by you as a result. 

7. OUR liability & responsibility to you:  Touching Nature Travel acts as an agent in securing the accommodation aspects of the holidays offered on this website and is responsible to the persons travelling for the arrangement and services included only in such capacity.  We are not liable for the conditions of flights, car hire, any other means of travel or insurance cover. We accept responsibility for ensuring that your accommodation arrangements which you book with us are supplied as described on this website or in our tour packs.  If any parts of your holiday arrangements are not provided as promised, we will pay you appropriate compensation if this has affected the enjoyment of your holiday.  However, our liability in all cases shall be limited to a maximum of twice the booking price of the person(s) affected in total.

Furthermore, you and all members of your party are assumed to have taken out adequate travel insurance at the time of booking.  Touching Nature Travel will in no circumstances be liable to you for any damage or loss to any luggage or other property caused by a party other than Touching Nature Travel, its employees, suppliers or agents. 

We will do our utmost to book your accommodation and other requested services in the most efficient manner and thereby provide you with an enjoyable holiday. Touching Nature Travel will, however, not accept liability for any fatal or other injury or illness suffered by you or a member of your party save for negligent acts and/or omissions of our employees (within the course of their employment), suppliers or agents (providing that they were at the time carrying out work Touching Nature Travel asked them to do) and the claim does not arise by acts or omissions of yourself or a member of your party or those of a person not connected with the holiday or ‘force majeure’ (see 6.1) or an event which Touching Nature Travel or the supplier of the service could not have foreseen or avoided even with all reasonable skill and care.  Please take note that if you wish to make a claim against us then it is your responsibility to show that reasonable skill and care has not been used.   

8. YOUR liability & responsibility to us:  Travel arrangements - we do not handle air, car hire or ferry crossing reservations. Customers are encouraged to use a web service or contact a travel agent.  You have sole responsibility for your travel arrangements to and from the holiday resort even if you have used Touching Nature Travel as an agent when procuring travel products (e.g. car hire via a link on our website).  Your responsibility also includes checking all travel documents and health requirements and to obtain all documents required for your holiday, including passports, visas (if applicable), driving licences and documents relating to health requirements, to ensure that these are in proper order and that you take them with you. We cannot accept liability for any delays or expenses incurred through irregularities in your documents. 

The walks - the whole philosophy of the type of holiday we offer is one that allows alternatives and a substantial degree of flexibility.  It is a fundamental condition of booking any of the holidays described on our website that you accept this flexibility, and acknowledge that all unguided walks are taken at your own risk.  Instruction and guidance in mountain and hillwalking is not provided and we cannot be responsible for loss, personal injury or death arising from any of the suggested walks.  Therefore, the walking notes supplied by us for each holiday must be taken as an indication of what walks are available in a certain holiday region, and not as a contractual obligation on the part of Touching Nature Travel. The information contained in our walking notes supplied is correct to the best of our belief, but Touching Nature Travel accepts no liability for any innocent inaccuracies contained herein.  We will make every effort to supply you with the most up-to-date maps, but we regret, we cannot accept responsibility for the accuracy of the maps supplied.  Please note that maps may be subject to change at any time. 

Health & fitness – furthermore, your responsibilities include assessing your abilities prior to and during a walk, acting sensibly and prudently at all times, and bringing with you the proper clothing and equipment, which we advise you about in our tour pack (pre-holiday information). The information we provide, in relation to particular walks and routes, is based on certain assumptions, such as average fitness and ability.  Bookings are accepted on the understanding that all persons travelling are normally in good health and able to fulfil the physical demands of their chosen holiday.  You understand that during the course of any activity holiday, certain risks and dangers may occur, including but not limited to the hazards of travelling in mountainous terrain, forces of nature, sudden changes in weather, level of water in rivers, and/or accident or illness in places with inadequate medical facilities.  By completing our booking form and typing your name into the booking form you acknowledge having been advised of the risks associated with our holidays and assume the sole and exclusive responsibility for such risks.    

9. Supplier’s conditions:  Many accommodation providers have their own terms and conditions.  In such circumstances the provider’s own terms and conditions will apply, and you will be bound by these.  Some of these conditions may limit or exclude liability on the part of the relevant supplier. Upon request we can provide you with details of where you can obtain copies of the third party’s terms and conditions. 

10. Local services, activities & excursions:  Where any reference is made to local services, activities and excursions these are intended for the client’s convenience only.  These services and activities are provided by local operators or other third parties who are entirely independent of us.  They do not form any part of your contract with us, even where we suggest particular operators or other third parties and/or assist you in booking such activities or excursions in any way.  We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 7 of our booking conditions will not apply to them.

11. Website & tour pack accuracy: We provide website and tour pack information in good faith and every care is taken to ensure accuracy.  However, things may still change without notice and we check regularely to see if we need to update or correct any information or prices.  As soon as we become aware of them we will amend them on the site and in the tour pack information, but this may not be instantaneous.  Note that any facilities or excursions suggested on our website and in your tour pack are only an indication of the facilities that are usually available in the area you are visiting.  Touching Nature Travel does not have any control over local facilities and activities, which can be withdrawn or changed locally without notice, especially due to seasonal factors or lack of demand. Therefore, we regret that we cannot be held liable for the non-availability of any particular facility or service. 

All distances mentioned on this site and in your tour pack are approximate and driving times are a guide and may vary subject to road conditions and volume of traffic.  Similarly, we have chosen some of the images used in our website to represent the atmosphere of a place and not necessarily that particular place. 

We reserve the right to change any of the services or other particulars contained in this website at any time before we enter into a contract with you.  If there is a change, we will notify you before we enter into the contract. 

12. Links to third party websites:  Be aware that when you are on Touching Nature Travel’s website you could be directed to other websites that are beyond our control.  These other websites may include websites of service providers, or other third party authorities linked to our website.  Touching Nature Travel is not responsible for the content, level of service, advertising or the hyperlinks of these third party websites.  You access these websites at your own risk. 

13. Weather conditions & snow reliability:  We cannot be held responsible for unforeseen or unusual weather conditions. Consequently, any request to transfer your booking to another date/location or to cancel your booking will be subject to the charges shown in clause 5 of our booking conditions.

14. Complaints:  We aim to provide you with the best possible holiday but, if a problem should arise, you must in the first instance inform the relevant supplier (e.g. hotel management) immediately, so that they can endeavour to put things right.  If your complaint cannot be resolved then you must contact our office by telephone, email or fax and we will do everything reasonably possible to sort the problem out.  If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our office, giving your booking reference and all other relevant information.  The address to send your letter to is:  Touching Nature Travel, Adlerstrasse 5, D-85354 Freising, Germany.  We undertake to deal with your complaint promptly and fairly.  However, if you fail to follow this procedure then we cannot accept responsibility, as we will have been deprived of an opportunity to investigate and rectify the problem. 

We must point out though, that we cannot be held responsible for the following:

15. Special requests:  If you have any special requests, you must inform us of such requests at the time of booking.  We will advise the relevant accommodation supplier of your requirements, but we cannot guarantee that such requirements will be met.  Furthermore, we have no liability to you if such requests are not met.    

16. Travelling with children: Independent trips are particularly suited to active family holidays; however, it is the responsibility of the parents or guardians to ensure the safety of any minors.  In all instances, bookings for under 18 year olds can only be accepted if a parent or guardian accompanies the child on the trip. Parents and guardians must be aware that there are risks involved to a greater or lesser degree in all destinations.  Accommodation varies greatly - all satisfy local safety legislation, but this may be different from the standards that you are used to.  It is the parents or guardians responsibility to check for hazards in hotels (steep stairs, slippery floors etc.) and to highlight these to minors, and if necessary, supervise children at all times.  In properties with pools and saunas, please be aware of the depths and temperatures and supervise children as appropriate.  Please be extra careful with balconies, during a walk, and with lakes and rivers etc.  

17. Healthcare on holiday:  In order to avail of any necessary healthcare through the public system of the countries of the European Union, European Economic Area or Switzerland while you are travelling, you are strongly advised to obtain a European Health Insurance Card from you local Health Office prior to departure. 

18. Group departures: When you arrange a group booking as outlined in the 'Group Discounts' section of this website, then payment and cancellation policies will vary slightly from these Booking Conditions. Please refer to the relevant web page for further information.    

19. Financial security:  All clients booking with Touching Nature Travel are fully protected through insurance cover for the initial deposit and subsequently the balance of all monies paid to us. In the unlikely event of our insolvency, all moneys paid to Touching Nature Travel would be refunded.

20. Law & jurisdiction: These conditions are subject to German Law and the German courts shall have sole jurisdiction.