Bayerntrips - Legal Notes

Many of our trips require a signed contract/waiver which will spell out the down-payment schedule, cancellation policy, and liability waiver. In the case that a signed agreement is not received, these are our standard terms:

Cancellation: As soon as you make each deposit according to the payment schedule, the payment becomes non-refundable for any reason. We strongly recommend that the participant secure Travel Insurance. Although not expected, if BayernTrips cancels the trip for any reason, 100% of all monies paid by the participant to BayernTrips will be promptly refunded. Since our inception in 2005 we have never cancelled a trip.

Food Allergies and Medical Information: Before your reservation is confirmed with us, you must disclose if you have any medical issues which interfere with the enjoyment of your trip or impact other travelers. Also, if you have any food allergies, unusual food requirements, etc. you must inform us up front.

RELEASE

A.    The Participant, in exchange for permission to participate in the trip, voluntarily signs this agreement.  Participant has the right to have this reviewed by any advisors including an attorney prior to signing it.  Participant states that he or she understands that there are many risks inherent in the trip including but not limited to the risk of terrorist events, airplane and other transportation related accidents, criminal attacks, and that he or she fully accepts those risks.  Participant understands and agrees that BayernTrips, LLC does not guaranty or warrant that the trip will be a safe trip.

B.     Participant fully understands the risks and the scope of activities involved in the trip and voluntarily assumes all risks of participation in the trip, including the risk of catastrophic injury and death, and damage or loss of property.  Participant hereby waives and disclaims all liability due to any cause whatsoever against all those listed in paragraph 3A.

C.   In consideration of acceptance on the trip, Participant himself or herself, and on behalf of his or her heirs, successors, assigns and personal representatives agrees to indemnify, hold harmless, release and forever discharge BayernTrips, LLC, its members, managers, employees, volunteer, agents, promoters, owners from any and all claims and expenses, even if through negligence, including reasonable attorney’s fees, for any injury, loss, or damage to personal property, including catastrophic injury or death, related to the trip events, or suffered by the Participant including those related to travel to and from the destinations within the trip.  This shall include but not limited to any and all claims and expenses resulting from, or arising in connection with, any trip event, while engaged in the trip.

D.   I understand that the items listed in the itinerary may change with little or no notice. In such case, BayernTrips has the option to replace the item with another activity or issue a refund of the missing item at face-value.

E.     I understand that I must obtain a valid Passport and any necessary Visas, enforcements, etc.  Failure to present valid travel documents, or failure to pass through security, immigration, etc. is no fault of BayernTrips, LLC and will be treated as a cancellation as spelled out above.

F.     I understand that if I choose not to participate in a group event or miss the group meeting time/place I will not be entitled to any refund for the missed activity.

G.    I understand that there is lots of walking! I certify that I can handle walking (upwards of 8 miles throughout a day), can stay on my feet for up to four hours inside and outdoors in all types of weather, and can climb stairs without an issue.

H.     I understand that I must be on-time for group events and that changes of schedule may be given verbally with short notice. If I miss a meet-up time, I will bear all the costs and inconvenience of catching up with the group.

I.       I understand that I must carry my own luggage. I certify that I will carry my own luggage, sometimes up a minimum of three flights of stairs or more.

J.      I agree that BayernTrips may use my image in various advertising campaigns and that my contact information may be given to future prospective guests.

GOVERNING LAW AND VENUE

Unless preempted by federal or international law, this agreement shall be governed by Michigan law. Any action shall be barred unless commenced within 2 months from the date the trip begins. The parties consent to venue in Gogebic County, Michigan.

PRIVACY NOTICE

a.   We will not sell your data and we've never had a security breach. This Privacy Policy doesn’t apply to any third-party websites, services or applications, even if they are accessible through our website or through our links or recommendation.

b.    Why we collect your data: Your full legal name is needed to reserve a room for you at the hotels we provide, and we have to provide accounting data to the US and German government.

c.        What data we collect/receive: We need your full legal name, email address, mailing address, and date of birth. Sometimes we also have your phone number.

d.       How we share your information: Our hotel partners will have your name and sometimes your date of birth. We must share this data with our accounting agencies, one in the USA and one in Germany.  After you complete a trip, we add you to our newsletter mailing list (which you can opt out of at any time) and we may send your name, city & state of residence, and email address to prospective guests. You may opt out of that at any time.

e.       Social Media: We often post pictures or videos our group activity to social media sites like Facebook, twitter, Instagram, etc. You can ask at any time to not be included in group photos that we take.  At the end of trip, we sometimes send a list of emails to TripAdvisor asking you to write a public review of our trip.  

f.     How long we keep your data: In most cases, we keep your data for a minimum of 7 years.

g.  How we store your data: We use a cloud-based service (currently DropBox) to store our data which allows us to access from our local PC and mobile devices. Our US Accountant has access to one of our dropbox folders which contains the data he needs. We also use DATEV (a European cloud-based accounting system) to share accounting data with our German accountant.

h. Automatic Data Collection: We may collect certain information automatically through our Website or other methods of web analysis, such as your Internet protocol (IP) address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geolocation information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences.

i.      Your rights: You can ask to see the information we have about you. You can also ask us to change it, correct it, delete it, restrict how we use it, or object to the way we use it by emailing us at scott@bayerntrips.com