The Travel Liability Waiver is an essential document for travel service providers operating under German jurisdiction. It serves to establish clear boundaries of liability between service providers and travelers while maintaining compliance with German consumer protection laws. The document is particularly crucial for activities involving inherent risks or adventure elements, where service providers need to ensure travelers understand and accept certain risks while preventing the waiver of non-waivable rights under German law. The waiver must be drafted in accordance with the German Civil Code (BGB), especially sections concerning travel contracts and general terms and conditions (AGB-Recht), as well as relevant EU regulations. It typically includes detailed risk descriptions, safety protocols, emergency procedures, and insurance requirements, while maintaining transparency and fairness as required by German consumer protection legislation.
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1. Parties: Identification of the travel service provider and the traveler(s), including full legal names and contact details
2. Background: Brief context of the travel arrangement and purpose of the waiver
3. Definitions: Clear definitions of key terms used in the waiver, including 'Services', 'Activities', 'Force Majeure', and 'Gross Negligence'
4. Acknowledgment of Risks: Detailed description of potential risks associated with the travel activities
5. Voluntary Participation: Declaration that the traveler voluntarily participates in the activities with full knowledge of the risks
6. Scope of Waiver: Clear delineation of what liability is being waived, with explicit mention of what cannot be waived under German law
7. Traveler Responsibilities: Obligations of the traveler including following safety instructions and disclosure of relevant health conditions
8. Insurance Requirements: Information about mandatory and recommended insurance coverage
9. Emergency Procedures: Protocol for emergencies and accident reporting
10. Governing Law and Jurisdiction: Specification of German law as governing law and competent courts
1. Medical Conditions: Section for disclosure of relevant medical conditions, required when activities involve physical exertion or health risks
2. Equipment Usage: Terms regarding use of provided equipment, necessary when specialized equipment is part of the travel activity
3. Photography Consent: Terms regarding photography and media usage, relevant for guided tours or group activities
4. Group Activities: Additional terms for group activities and interactions, used when travel involves group participation
5. Special Activity Riders: Specific provisions for high-risk activities like climbing, diving, or extreme sports
6. Covid-19 Provisions: Special terms related to health safety measures and risks, required during pandemic conditions
7. Translation Declaration: Required when the waiver is provided in multiple languages, confirming which version prevails
1. Schedule A - Activity Description: Detailed description of travel activities and services covered by the waiver
2. Schedule B - Safety Protocols: Specific safety procedures and guidelines for each activity
3. Schedule C - Emergency Contacts: List of emergency contacts and local emergency services
4. Appendix 1 - Insurance Information: Details of mandatory insurance coverage and recommended additional coverage
5. Appendix 2 - Medical Declaration Form: Standard form for declaring relevant medical conditions
6. Appendix 3 - Equipment Checklist: List of required and provided equipment for activities
Relevant legal definitions
Clauses
Relevant Industries
Tourism
Adventure Sports
Travel & Hospitality
Transportation
Sports & Recreation
Education & Training
Insurance
Event Management
Relevant Teams
Legal
Risk Management
Operations
Customer Relations
Safety & Compliance
Tour Operations
Insurance & Claims
Contract Administration
Relevant Roles
Travel Operations Manager
Legal Counsel
Risk Management Officer
Tour Guide
Adventure Sports Instructor
Compliance Officer
Customer Relations Manager
Safety Officer
Insurance Coordinator
Travel Program Director
Operations Director
Contract Manager
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