1. Conclusion of a travel contract
With his application, the client offers the conclusion of a binding travel contract to the tour operator. The application can be made in writing, orally or by telephone or other means of distance communication. This application made by the applicant is also valid for all the indicated participants. The applicant is liable for his own obligations, as well as for those of the participants, if he has accepted a separate obligation regardingly by means of an explicit and separate declaration.
The contract will be valid upon acceptance by the tour operator. This acceptance does not require any specific form. When the contract is concluded or shortly after, the tour operator will hand out the travel confirmation to the client.
If the contents of the confirmation differ from the application, the tour operator has made a new offer, which is binding for the client for a duration of 10 days. The contract is made on basis of this new offer, if the traveller accepts it from the tour operator within the period of commitment.
Payments on the travel price before the end of the trip can only be charged and made upon delivery of the security certificate as defined by § 651 k para. 3 BGB (German Civil Code). At the conclusion of the contract, a partial payment amounting to 15 % of the travel price is due. Further payments will be due at agreed deadlines, if the trip can no longer be cancelled due to the causes mentioned in number 7.b).
Notwithstanding, the full travel price can also be requested without the delivery of a security certificate, if the trip takes no longer than 24 hours, when no accommodation is included and when the travel price does not exceed EUR 75.
If the client is partially or completely in default of his payment, the tour operator is authorised to withdraw from the contract and to claim damages as indicated in number 5.1, after having sent out a reminder that fixes a deadline for payment.
The services agreed upon in the contract can be seen in the service description of the leaflet or in the travel confirmation respectively. The specifications made in the leaflet are binding for the tour operator. However, the tour operator explicitly reserves the right to declare justified changes regarding service and price before the conclusion of the contract, of which the client will obviously be informed.
Differing services, such as services from other leaflets of the service providers as well as special requests, which modify the scope of the services to be provided, are only binding, if they are explicitly confirmed by the tour operator.
Individual external services, which are not part of a travel package and which are arranged in the name of third parties, such as Nur-Flug, hired cars, excursions and other events, are no own services of the tour operator.
4. Service and price changes
4.1 Changes or variations of individual travel services regarding the agreed contents of the travel contract, which become necessary after the conclusion of the contract and which were not made against the good faith of the tour operator, are only allowed, if the changes and variations are not considerable and do not influence the overall form of the booked trip.
Any warranty claims are unaffected, insofar as the altered services are flawed. The tour operator is obliged to inform the client immediately about changes or variations regarding the booked services. In case of a subsequent, significant variation of an essential travel service the client is authorised to cancel the travel contract or to request participation in an equivalent trip, if the tour operator can provide such a trip from his service offer without additional costs. When indicated, a free of charge rebooking will be offered to the client.
4.2 The tour operator has got the right to change the travel price stipulated in the travel contract in case of an increase in transport costs or due to higher charges for certain services, such as port and airport fees. The same goes for a variation of the exchange rates valid for the trip in question according to the following rules: There must be a period of more than 4 months between the conclusion of the contract and the beginning of the trip and the circumstances that have caused the modification were neither already existing, nor were they predictable for the tour operator:
In case there is an increase in the transport costs, especially the fuel prices, existing at the conclusion of the contract, the tour operator can
a) request payment of the increased amount, in case the price increase is referred to the reserved seat
b) request payment of the higher amount in other cases, in which the transport company requests additional transport costs, dividing them by the number of reserved seats and thus receiving the higher calculated amount.
In case the charges existing at the conclusion of the contract, such as port or airport fees are increased for the tour operator, the travel price can be increased by the corresponding proportionate amount.
If the travel price changes subsequently, the tour operator must inform the traveller accordingly immediately, at the latest, however, he must do so 21 days before the beginning of the trip. After this moment, price increases are no longer allowed. In the case of price increases of more than 5 % the client is entitled to cancel the travel contract or to request participation in an equivalent trip, if the tour operator can provide such a trip from his service offer without additional costs.
4.3 The traveller must claim the rights mentioned in 4.1 and 4.2 with the tour operator immediately after the declaration of the modification of the travel service or the travel price by the latter. It is recommended to do this in written form.
5.Cancellation by the client, transfers, replacements
5.1 The client can cancel the trip at any time before its beginning. The time, when the declaration of cancellation arrives at the office of tour operator is decisive. The client should declare his cancellation in writing.
In case the client cancels the travel contract or does not start his trip, the tour operator can require a replacement for the travel arrangements made as well as for his expenditure. The travel price minus the saved expenditure as well as eventual other expenses are decisive for the calculation of the replacement.
Cancellation fees apply according to the time of cancellation.
In any case the client is free to prove that the tour operator did not have any or little costs due to the cancellation by the client.
The cancellation fees for Safaris and Lodges and Kilimanjaro treks are as follows:
until the 120th. day before departure 20 % of total price
until 90th. day before departure 40 % of total price
until 60th. day before departure 80 % of total price
until 30th. day before departure until 1 day before deparutre or no show 95 % of total price
Cancellation fees of hotels: according to the cancellation fees of each hotel - please ask for them in our office or via email.
5.2 The tour operator is authorised to request a booking fee for every traveller according to the deadlines mentioned below, when, after having booked the trip, subject to availability, the client wishes to modify either the date or destination or place of departure, the accommodation or the type or class of transport (reclassification) of the trip within the time schedule of the travel proposal.
Travelling with charter or scheduled airlines
up until the 90th. day before the beginning of the trip EUR 30,00
up until the 30th. day before the beginning of the trip EUR 50,00
The client's wishes for changes that are requested after these deadlines, can only be considered after cancellation of the travel contract according to the terms and conditions as per number 5.1 and by applying anew for a travel contract.
5.3 Until the beginning of the trip (taking into consideration the period of time necessary for organisation), the traveller can request that a third person may succeed to the rights and obligations of his travel contract. The tour operator can oppose the succession of the third person, if he/she does not correspond to the travel requirements or if statutory or official regulations oppose his/her participation.
In case a third person succeeds to the contract, this person, together with the traveller (applicant), shall be jointly liable to the tour operator for the travel price and the additional costs created by the succession of the third person.
6. Unused services
If the traveller does not use individual travel services due to an early return or for other reasons, the tour operator will try to get reimbursement for the saved expenditure. This obligation does not apply, if the services are irrelevant or if the reimbursement cannot be made.
7. Cancellation by the tour operator
In the following cases, the tour operator can cancel the trip regarding the travel contract before or after the beginning of the trip:
a) Without notice
In case the traveller causes serious disruption for the performance of the trip even after a warning or in case he violates the contract to such an extent that the immediate cancellation of the contract is justified. If the tour operator cancels the contract for these reasons, he is entitled to receive the travel price. However, he has to deduct the value of the saved expenditure as well as those advantages that he gains from a different use of the unused capacity.
b) Up until 2 weeks before the beginning of the trip
In case the minimum number of participants as reported or fixed by the authorities is not met as requested, if a minimum number of participants is indicated in the description of a special trip. In any case, the tour operator is obliged to inform the client immediately after knowing about the failed execution of the trip and to immediately send the declaration of cancellation to him. Payments already made regarding the travel price will be returned to the client.
8. Cancellation of contract due to exceptional circumstances
In case a trip is substantially complicated, endangered or compromised due to force majeure unforeseeable at the conclusion of the contract, not only the tour operator, but also the traveller can cancel the contract. If the contract is cancelled, the tour operator can request an adequate compensation for the already provided services or for the services still to be provided until the end of the trip. Moreover, the tour operator is obliged to take the necessary measures to bring the traveller back home, especially if the contract includes the return trip. The additional costs for the return transport must be paid half by each party. For the rest, the additional costs must be paid by the traveller.
9. Liability of the tour operator
9.1 The tour operator is liable under the duty of care of a prudent businessman for:
(1) The conscientious preparation of the trip
(2) the careful selection and monitoring of the service providers
(3) the correctness of the description of all travel services indicated in the leaflet, unless, before the conclusion of the contract, the tour operator has declared a variation in the leaflet details as per number 3
(4) the proper performance of the agreed travel services.
9.2 In accordance with No. 11, the tour operator is liable for the faults of the persons entrusted with the delivery of services.
In case the trip is not performed as per contract, the traveller can require remedy. The tour operator can refuse remedy, in case it involves a disproportionate effort. The tour operator can also offer remedy by providing an equivalent service.
b) Reduction of the travel price
The traveller can request a reduction of the travel price (abatement) for the duration of the performance of the trip that was not executed according to contract. The travel price has to be reduced in the ratio, in which the value of the flawless trip would have been at the moment of the purchase compared to the real value. The reduction is not valid, if the traveller fails culpably to indicate the flaw.
c) Cancellation of the contract
In case a trip is considerably compromised due to some fault and in case the tour operator does not offer remedy within a reasonable period of time, the traveller can cancel the travel contract in accordance with the legal regulations in his own interest. And due to reasons of evidence he should do so in writing. The same applies, if the traveller cannot be expected to start the trip due to an important flaw, which is an apparent reason, which is recognisable for the tour operator. A deadline may only not be fixed for the remedy, if remedy is impossible or is refused by the tour operator or when the immediate cancellation of the contract is justified due to a special interest of the traveller. The traveller owes the partial travel price for the accepted services to the tour operator, unless the used services were of no interest for him.
Despite the reduction or cancellation, the traveller can request damages due to non-performance, unless the flaw of the trip is due to a circumstance beyond the control of the tour operator.
11. Limitation of liability
11.1 The contractual liability of the tour operator for damages other than bodily injuries is limited to the triple travel price,
a) insofar as the damage of the traveller was caused neither intentionally nor through gross negligence or
b) insofar as the tour operator is liable for the damage caused to the traveller due to the fault of a service provider.
11.2 In case of material damage the liability of the tour operator is limited to the triple travel price per client and trip for claims for compensation of the client due to tort, which is not caused intentionally or through gross negligence. In this context the client is advised to take out a travel accident and luggage insurance in his own interest. 11.4 remains unaffected, even insofar as in this case the liability exceeds the above mentioned limitation.
11.3 A claim for compensation against the tour operator in this respect is limited or excluded, since due to international agreements or legal regulations based on these, that refer to the services to be rendered by the service provider, a claim for compensation against the service provider can only be requested under certain conditions or limitations or that it is even excluded under certain conditions.
11.4 In case the tour operator takes the position of a contractual air carrier, the liability is subject to the regulations of the Aviation Act in connection with the International Warsaw-The Hague-Guadalajara-Convention and the Montreal Convention. These treaties usually limit the liability of the air carrier for death or bodily injuries, as well as for luggage losses and damages. Insofar as the tour operator acts as a service provider in other cases, he is liable according to the regulations valid for these. In case that on the occasion of cruises the tour operator takes the position of a contractual shipping company owner, the liability will also be governed according to the regulations of Commercial Law and the Inland Waterways Act.
11.5 The tour operator will only be liable as an agent for external services of other companies that are no part of a travel package and that are explicitly arranged in the name of third parties (such as Nur-Flug, hired cars, excursions, sports and cultural events, ecc.). The liability for placement errors is limited to the basic principles mentioned from 11.1 to 11.4.
12. Obligation to cooperate
The traveller is obliged to cooperate within the legal regulations in case of occurred service disruptions and to avoid or keep possible losses low.
Above all, the traveller is obliged to make the local guide immediately aware of his complaints. This guide is authorised to take remedial action, if possible. In case there is no local guide, the notification of defects with the demand for relief must be addressed to the domicile of the tour operator. In case the traveller fails culpably to notify a defect, there will be no claim for reduction or for compensation respectively.
13. Exclusion of claims and prescription
The traveller must raise his claims against the tour operator due to a trip that was not provided as per contract within the month after the contractually scheduled end of the trip. The traveller can raise claims after this deadline, when he was hindered without fault of his own to respect this deadline. Notwithstanding the above, luggage losses must be indicated within 7 days and luggage delays must be indicated within 21 days after delivery. The contractual claims of the traveller fall under the statute for limitation within 12 months. Prescription begins the very day that the trip should have ended according to the contract. In case the traveller presented such claims, prescription will not be valid until the day the tour operator or his liability insurer refuses the claims in writing. Claims from tort are subject to the legal limitation period.
14. Passport, visa and health regulations
The tour operator is responsible for passing the information regarding passport, visa and health regulations, as well as their possible variation to the citizens of the state, in which the trip is offered, before they start their trip. Each competent consulate will inform citizens of other countries.
The tour operator is not liable for the timely issuing of visas and the access of necessary visas through the correspondent diplomatic representation, even though the traveller has assigned the tour operator, unless the tour operator is responsible for the delay.
The traveller himself is liable for the compliance with all important regulations for the realisation of the trip. All disadvantages, such as especially the payment of costs for cancellation due to the non-compliance of these regulations, are to be covered by the traveller, unless they are caused by a culpable false information or lack of information of the tour operator.
15. Duty to inform the identity of the operating air carrier
According to the EU-VO 2111/2005, the tour operator is obliged to inform the client about the identity of the operating airline regarding the air transport service to be provided during the booking of the trip.
In case the operating airline is not yet certain, the probable airline must be indicated initially. Afterwards the client must be informed, as soon as the operating airline is certain. If there is a change in the operating airline, the tour operator must immediately inform the customer regardingly.
Information regarding the operating airline as per EU-VO 2111/2005 does not establish a contractual claim regarding the execution of the air transport with the indicated airline and does not represent a confirmation, unless there is a corresponding confirmation in the travel contract. Inasfar as this is an acceptable contractual agreement, the tour operator is explicitly free to change the airline.
The "Community list" published by the EU commission on the basis of EU-VO 2111/2005 regarding unsafe airlines is available at the website of the tour operator or at ec.europa.eu/transport/air-ban/list_de.htm. (Just follow these links to the respective current list). If you wish, this list can also be supplied to you on the occasion for your booking.
16. Ineffectiveness of individual dispositions
The ineffectiveness of individual regulations of the travel contract does not lead to the ineffectiveness of the complete contract.
17. Applicable law and jurisdiction
Contractual and legal relationships between the tour operator and the traveller are subject to German law.
The traveller can only sue the tour operator at their registered office. Claims of the tour operator against the traveller must be made to the domicile of the traveller, unless the claim is directed against registered traders or persons that have transferred their domicile or usual residence abroad after the conclusion of the contract, or their domicile or usual residence are not known at the moment, when a suit is brought. In these cases, the seat of the tour operator is decisive.
Africa Safari Experts (GbR)
Annette and Adili Sirikwa
Tel.: +49 961-6343691
Fax: +49 961-3818746
Place of jurisdiction is Weiden i.d.OPf.