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Terms and Conditions- old
General terms and conditions as a travel agent
General travel conditions
the
Big 5 Africa Tours GbR
The travel conditions below become part of the travel contract concluded between the travel agent and the customeriSd § 651a BGB and supplement insofar the statutory provisions.
1. Conclusion of a travel contract
1.1 By registering, the customer of Big 5 Africa Tours GbR offers the conclusion of a travel contract binding. The registration can be made in writing, verbally, by telephone or electronically (e-mail, internet) after the customer has been duly informed by the Big 5 Africa Tours GbR iS of Art. 250 §§ 1-3 EGBGB.
1.2 The application is also made by the applicant for all participants listed in the application, for whose contractual obligations the applicant is responsible as well as for his own obligations, provided that he has accepted a corresponding separate obligation by express and separate declaration.
1.3 The contract is concluded with the acceptance by Big 5 Africa Tours GbR. Acceptance requires no specific form. Upon or immediately after the conclusion of the contract, the tour operator will provide the customer with the travel confirmation corresponding to the legal requirements on a durable medium or, in the case of Art. 250 § 6 I EGBGB, hand it over on paper.
1.4 If the content of the confirmation deviates from the content of the registration, a new offer from the tour operator is available to which he is bound for a period of 10 days. The contract is concluded on the basis of this new offer, provided that the tour operator pointed to the changes and otherwise his pre-contractual information obligations. Art. 250 §§ 1-3 EGBGB. The acceptance of the customer is made by express declaration, deposit or full payment to the tour operator.
2. Booking
2.1 Bookings and the contract concluded are valid in the respective countries such as Uganda, Rwanda, Tanzania, Kenya. The respective laws and contractual regulations apply.
3. Minors
3.1 The participation of minors in the travel is only possible in the company of their legal guardians.
4. Payment
4.1 Upon conclusion of the contract, a down payment of 20% of the travel price is due. Further payments are due on agreed dates. The remaining travel price is due no later than 30 days before departure, provided that the voucher is handed over and the trip can not be canceled due to the reasons stated in point 10.
Permits for Gorilla and Chimp Tracking are due immediately and can not be refunded.
4.2 For bookings made less than 4 weeks before the start of the trip, the entire travel price is due immediately upon conclusion of the contract.
4.3 Payments can be made in cash, by bank transfer, by debit card or by credit card. We accept VISA and MasterCard. For payments with Paypal an additional fee of 2.5% of the tour price is payable
4.4 If the customer partially or completely falls in arrears with the payment of the travel price, the tour operator is entitled, following a reminder and a deadline, to withdraw from the contract and to pay damages in accordance with para. 5.3, or 5.6 to ask.
5. Services
5.1 The contractually agreed services are set out in the travel plan with the information provided in accordance with Art. 250 § 3 EGBGB.
5.2 Differing services, eg other service providers, as well as special requests that change the scope of the services provided, are only binding if they have been explicitly included in the travel plan by the tour operator.
5.3 Third parties are not authorized to make deviating commitments and / or agreements from the travel conditions or the tenders of Big 5 Africa Tours GbR. Services that are booked as third-party services directly from the customer to third-party companies, do not belong to the scope of the tour operator (in addition packages such as sporting events, excursions, tours, exhibitions, etc.).
5.4 Described wildlife observations can not be guaranteed as they are nature experiences with wild, wild animals whose behavior is not 100% predictable. In the case of no sighting no reimbursement of the travel price is possible.
6. Performance changes
6.1 Changes or deviations of individual travel services from the agreed content of the travel contract, which become necessary after the conclusion of the contract and which were not brought about by the tour operator in good faith, are only permitted if the changes or deviations are not significant and do not affect the overall layout of the booked travel ,
6.2 Big 5 Africa Tours GbR undertakes to inform the customer about changes in performance and / or deviations without delay. § 651f II BGB inform. In the case of a subsequent, substantial change in a substantial travel service, the customer is entitled to withdraw from the travel contract or to request participation in an equivalent trip, if the tour operator can offer such a trip from its offer without additional charge. If necessary, the customer is offered a free rebooking.
6.3 Any warranty claims remain unaffected, as far as the changed services are flawed.
7. Resignation by the customer
7.1 The customer can withdraw from the trip at any time prior to departure. The resignation must be explained to Big 5 Africa Tours GbR. Decisive is the receipt of the declaration of withdrawal. The resignation is fundamentally possible informally.
7.2 If the customer withdraws before the trip, Big 5 Africa Tours GbR is entitled to a cancellation fee instead of the travel price (§ 651h BGB), if he is not responsible for the cancellation and / or there are no unavoidable, extraordinary circumstances within the meaning of § 651h III BGB ,
7.3 For all trips brokered by Big 5 Africa Tours GbR -
become
up to 60. day before departure 15%,
until the 31st day before departure 20%,
until the 22nd day before departure 30%,
until 15th day before departure 50%,
up to 7 days before departure 75%,
from the 6th day before departure 90% demanded as a replacement.
7.4 For a calculation according to para. 6.3 remains at the customer's discretion to prove that Big 5 Africa Tours GbR incurred no or substantially lower costs in connection with the resignation.
7.5 Big 5 Africa Tours GbR may substitute the provisions of para. 6.3 claim a specifically calculated compensation claim as compensation for the travel arrangements made and for its expenses. Decisive for the calculation of the replacement is the travel price, deducting the saved expenses and any other uses of the travel services. In this case, the tour operator will calculate and justify the specific compensation.
7.6 The right of the customer to contract transfer according to § 651e BGB remains unaffected by the above provisions.
7.7 Gorilla and Chimp Permits can not be refunded.
8. Transfers
8.1 A claim of the customer after conclusion of contract for changes regarding the travel date, the travel destination, the place of travel, the accommodation, does not exist, if the Big 5 Africa Tours GbR his pre-contractual information obligations acc. Art. 250 §§ 1-3 EGBGB. If the customer wishes to make changes to the date of travel, place of departure, accommodation, type of transport or airline company after the conclusion of the contract and until the 30th day before departure, Big 5 Africa Tours GbR will charge the customer the actual costs per person Calculate person. In addition, a processing fee of € 25 is agreed.
8.2 Rebooking requests of the customer, which are made from the 29th day before departure, can, if their implementation is possible at all, only after resignation of the travel contract in accordance with section 6 to the conditions specified therein and simultaneous re-registration. This does not apply to rebooking requests that cause only minor costs.
8.3 Rebooking requests with regard to the destination are only possible by withdrawing from the travel contract (cancellation) to the conditions specified in clause 6.2 and subsequent new conclusion.
9. Unused services
If the traveler does not make use of individual travel services as a result of a premature return journey or for other reasons for which the tour operator is not responsible, the travel organizer will endeavor to obtain reimbursement of the saved expenses from the service providers. This obligation does not apply if the services are completely insignificant or if reimbursement can not be made or if reimbursement is precluded by statutory or regulatory provisions.
10. Resignation and termination by tour operator
The tour operator can withdraw from the travel contract in the following cases before the start of the journey or terminate the travel contract after commencement of the journey:
Without observing a period of grace, if the traveler continues to disturb the execution of the journey, regardless of a warning, or if he behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified. If Big 5 Africa Tours GbR therefore terminates the contract, it reserves the right to claim the travel price, however, it must be credited the value of the saved expenses and the benefits that it derives from any other use of the unused service.
Big 5 Africa Tours GbR reserves the right to cancel the trip in case of special reasons such as natural disasters, security concerns etc ..). In any case, Big 5 Africa Tours GbR is obligated to notify the customer immediately after the prerequisite for the non-execution of the trip and to inform him of the resignation immediately. For the payments already made, customers will receive a voucher for the same trip at a later date with the same travel services. If the customers still want to cancel the trip, Big5 Africa Tours has to repay the entire deposit minus a processing fee.
Permits for gorilla and chimpanzee tracking cannot be refunded.
11. Liability of the tour operator
11.1 Big 5 Africa Tours GbR is liable within the framework of the due diligence of a prudent businessman for the conscientious travel preparation, the careful selection and monitoring of the service providers and the proper provision of the confirmed travel services on the basis of the respective offer.
11.2 Big 5 Africa Tours GbR is not liable for performance disturbances in connection with services which are not part of the travel contract and which the traveler has booked and used directly without the agency of the tour operator (eg events, excursions, visits, etc.).
11.3 If a travel service to be provided by a service provider is governed by international conventions or statutory provisions under which a claim for damages arises or can be asserted or is excluded under certain conditions, the tour operator may apply appointed.
12. Insurance
Unless otherwise stated, no insurance is included in the travel price. The tour operator expressly recommends the customer to conclude the following insurance:
- Cancellation insurance
- Baggage insurance
- travel cancellation insurance
- travel accident insurance
- Travel health insurance
13. Obligations of the customer
13.1 The customer must immediately inform Big 5 Africa Tours GbR if he has not received the required travel documents (performance vouchers and travel information) within the notified period prior to departure.
13.2 If travel services are not provided in accordance with the contract, the customer can demand redress. The customer is obliged to notify Big 5 Africa Tours GbR immediately of a travel defect. The ad has to be made to the tour guide on site, whose contact details are in the travel documents. If a tour guide is not available or reachable, any travel defaults must be reported to Big 5 Africa Tours GbR at its registered office (for address see point 22).
13.3 Contractual reduction claims (§ 651m BGB) and claims for damages (§ 651n BGB) are excluded if the customer culpably omits the notice of defects. The local tour guide is tasked with providing remedy, if possible. However, it is not authorized to recognize claims of the customer.
13.4 If the customer wishes to terminate the travel contract due to a travel shortage of the type specified in § 615i BGB or for important reasons recognizable for Big 5 Africa Tours GbR, he must set a reasonable deadline for Big 5 Africa Tours GbR beforehand. This shall only apply if remedy is impossible or is denied by the tour operator or if the immediate termination of the contract is justified by a special interest of the customer, which is recognizable for the tour operator.
14. Passport, visa, entry and health regulations
14.1 Big 5 Africa Tours GbR will inform the customer about the passport and visa requirements, as well as the health formalities required for travel and stay and the approximate time needed to obtain any documents. However, the customer is responsible for complying with all regulations that are important for the travel. Any disadvantages arising from failure to comply with these rules shall be for the account of the customer, except where they are caused by misrepresentation or non-information by the tour operator.
14.2 If entry requirements of individual countries are not met by the customer, so that the customer is therefore prevented from traveling, Big 5 Africa Tours GbR can charge the customer with the corresponding cancellation fees.
14.3 Big 5 Africa Tours GbR is not liable for the timely issue and receipt of necessary visas, travel permits and / or other documents by the respective diplomatic representation, if the customer has entrusted the tour operator with the procurement, unless the tour operator own duties culpably injured.
15. Luggage
At no time is Big 5 Africa Tours GbR responsible for the luggage or personal belongings of the customers. The company can not be held responsible for the loss or damage of the baggage. In case of damage or loss of personal belongings, the company assumes no liability. Customers are requested to bring no excess baggage. In this case Big 5 Africa Tours GbR reserves the right to refuse the transport
16. Customs regulations
The customer is obliged to observe both the customs regulations of the country traveled and those of the home country. The customer is obliged to inform himself about the applicable regulations.
17. General provisions
The invalidity of the individual provisions of the travel contract and these conditions does not result in the ineffectiveness of the entire travel contract and these conditions.
18. Risk and illness duringthe tour
18.1 The customer accepts that all travel and travel bricks booked with Big 5 Africa Tours GbR have a certain adventurous character and involve a certain personal risk. Neither the Company nor its service providers or partners can be held responsible for any injury, death or damage to property, regardless of cause. The customer is therefore obliged to refrain from any claims against the company in the above-mentioned incidents. The customer assumes full responsibility for all potential risks arising from this type of travel. Before participating in additionally booked activities, we ask for written confirmation of the disclaimer.
18.2 Big 5 Africa Tours undertakes to carry out the safari in the agreed route and at the agreed price. If a customer feels sick or uncomfortable and the tour can not be completed or is incomplete, no costs will be reimbursed.
19. During the journey
19.1 Authority during the journey
The decisions of the guide are authoritative and final. The customer must adhere to it for his own safety as well as to the regulations, regulations and laws of the countries visited. Requests for minor changes to the program can not impede the course of the trip on the whole, they can be arranged with the guide and will be fulfilled if possible.
19.2 Force majeure
Big 5 Africa Tours GbR is not liable for events that can be attributed to force majeure. These include, for example, war, technical and mechanical breakdowns, bad weather, unrest and unforeseeable events beyond the control of the Company, causing delays or changes in the itinerary.
19.3 Rental vehicle
If during a journey the vehicle can not be repaired in the event of damage, Big 5 Africa Tours GbR undertakes to provide a replacement vehicle in a timely manner.
19.4 Accommodation
If there is a breakdown in the booking and the requested accommodation should not be available, Big 5 Africa Tours GbR undertakes to provide equivalent accommodation.
20. General provisions
The invalidity of the individual provisions of the travel contract and these conditions does not result in the ineffectiveness of the entire travel contract and these conditions.
21. Start and end of the journey
The tour starts with the transfer from the airport and ends with the transfer to the airport on the agreed dates. In case of delays in arrival or departure / flight cancellations, no further claims are made to Big 5 Africa Tours GbR regarding provision and accommodation.
22. Travel agents
"Maurer & Steingruber GbR (Big 5 Africa Tours)"
Fraunhoferstrasse 6A
86399 Bobingen - Germany
Managing Directors: Diana Maurer, Ulrike Steingruber
Valid from 1 June 2019