A+A Safaris - General Terms and Conditions (AGB)
Dear Traveller, dear Traveller,
please read our General Terms and Conditions (AGB) and the travel information carefully.
The following terms and conditions, insofar as they have been effectively agreed, shall form part of the contract concluded between you and A+A Safaris, hereinafter referred to as "A+A".
These terms and conditions are divided into 3 parts:
Part A: General Terms and Conditions for the Arrangement of Travel Services by A+A Safaris / A+A
Part B: Travel conditions for A+A package holidays
Part C: General provisions for all services
Part A: Terms and conditions for the brokerage of travel services by A+A
Scope of application of these terms and conditions; classification into sections I and II
The following terms and conditions are, as far as effectively agreed, the content of the brokerage contract between you (hereinafter referred to as "customer" or "traveller") and A+A Safaris (hereinafter referred to as "A+A"), in case of booking from 27.05.2019. They supplement and complete the statutory provisions of §§ 651a - y BGB (German Civil Code) and Articles 250 and 251 EGBGB (Introductory Act to the German Civil Code). Please read these terms and conditions carefully before booking! With regard to the legally different types of mediation of travel services and package tours depending on the type of mediated travel service, these mediation conditions are divided into 2 sections. The exclusive regulations for the mediation I) of a single travel service or several travel services of a single type of travel service can be found in Section I of these Terms and Conditions II) of associated travel services can be found in Section II of these Terms and Conditions.
Section I: Regulations for the Arrangement of a Single Travel Service or Several Travel Services of a Single Type of Travel Service
The provisions of this Section I concerning the brokerage of a single travel service or several travel services of a single type of travel service within the meaning of § 651a para. 3 sentence 1 BGB n.F. shall apply exclusively if the brokered travel service is neither part of combined travel services pursuant to Section II of this Part A nor part of a package tour of A+A pursuant to Part B. In this case no information of the customer by means of a form is legally prescribed.
1. conclusion of contract, legal regulations
1.1
With the acceptance of the customer's mediation order by A+A, the contract between the customer and A+A regarding the mediation of comes into effect. The order and acceptance do not require any particular form.
1.2
If the order is placed by electronic means (e-mail, Internet), A+A shall immediately confirm receipt of the order by electronic means. This confirmation of receipt does not yet constitute a confirmation of acceptance of the brokerage order.
1.3
The mutual rights and obligations of the customer and of A+A arise, insofar as there are no mandatory legal provisions to the contrary, from the contractual agreements made in individual cases, these terms and conditions and the statutory provisions, in particular §§ 651a et seq. of the German Civil Code (BGB) in conjunction with §§ 651a et seq. of the German Civil Code (BGB). Art. 250 ff. EGBGB and §§ 675, 631 ff. BGB about the paid business management.
1.4
The rights and obligations of the customer vis-à-vis the contractual partner of the mediated service shall be governed exclusively by the agreements made with the contractual partner, in particular - insofar as effectively agreed - the latter's travel or business conditions. In the absence of a special agreement or special reference, the terms and conditions of carriage and tariff regulations issued by the competent transport authority or on the basis of international agreements shall apply to transport services.
2 General contractual obligations of A+A, information, notes
2.1
On the basis of these terms and conditions the customer will be advised in the best possible way. Upon request, A+A will then make the booking enquiry with the service provider. After confirmation by the service provider, the service obligation includes the handing over of the documents relating to the travel service(s) arranged. This does not apply if it has been agreed that the service provider will send the documents directly to the customer.
2.2
When providing information and information, A+A is liable within the framework of the law and the contractual agreements for the correct selection of the source of information and the correct forwarding to the customer. An information contract with a primary contractual obligation to provide information is only concluded if an express agreement to this effect has been made. A+A is not liable for the correctness of information provided pursuant to § 675 Para. 2 BGB, unless a special information contract has been concluded.
2.3
Without express agreement, A+A is not obliged to determine and/or offer the cheapest provider of the requested travel service. A+A's contractual obligations within the framework of "best price guarantees" given by A+A remain unaffected by this.
2.4
Without express agreement, A+A does not assume any guarantee within the meaning of § 276 para. 1 sentence 1 BGB with regard to information on prices, services, booking conditions and other circumstances of the travel service and no procurement guarantee within the meaning of this provision with regard to information on the availability of the services to be provided by the agent.
2.5
A+A accepts special requests only for forwarding to the service provider to be procured. Unless otherwise expressly agreed, A+A shall not be liable for the fulfilment of such special requests. These are also not a condition or contractual basis for the brokerage order or for the customer's booking declaration to be submitted by the broker to the service provider. The customer is advised that special requests generally only become part of the contractual obligations of the service provider through express confirmation by the service provider.
3. documents about the travel services arranged
3.1
Both the customer and A+A shall be obliged to check the contractual and other documents of the brokered service provider regarding the travel services which were handed over to the customer by A+A, in particular booking confirmations, hotel vouchers, insurance certificates and other documents regarding the brokered travel services for correctness and completeness, in particular for compliance with the booking and the brokerage order.
3.2
Insofar as documents relating to the brokered travel services are not transmitted to the customer directly by the brokered service provider, they shall be handed over by A+A at its discretion by postal or electronic means.
4. obligations of the customer to cooperate with A+A
4.1
The customer must inform A+A immediately of any errors or defects in the mediation work that are recognisable to him after they have been discovered. This includes, in particular, incorrect or incomplete details of personal customer data, other information, information and documents about the travel services arranged, as well as the incomplete execution of mediation services (e.g. bookings or reservations not made).
4.2
A. If the customer does not notify us in accordance with Section 4.1, the following shall apply:
If the customer fails to notify us in accordance with Section 4.1 through no fault of his own, his claims shall not lapse.
B. The customer's claims against A+A shall lapse insofar as A+A proves that the customer would not have suffered any loss or damage or that the loss or damage would not have been incurred in the amount claimed by the customer if the notification had been made properly. This applies in particular if A+A proves that an immediate notification by the customer would have enabled A+A to remedy the defect or reduce the damage, e.g. by rebooking, additional booking or cancellation with the mediated service provider.
C. If the customer fails to notify us in accordance with Section 4.1 through no fault of his own, his claims shall not lapse.
D. Claims of the customer in the event of failure to notify in accordance with Clause 4.1 shall not lapse.
damage resulting from injury to life, limb or health resulting from an intentional or negligent breach of duty by A+A or a legal representative or vicarious agent of A+A
in the case of claims for compensation for other damages based on an intentional or grossly negligent breach of duty by A+A or a legal representative or vicarious agent of A+A
in the event of a breach of a material obligation, the fulfilment of which is essential for the proper performance of the mediation contract or the breach of which endangers the achievement of the purpose of the contract.
The liability for booking errors according to § 651x BGB remains unaffected.
E. A contractual and/or legal obligation of the customer to notify the mediated service provider of defects remains unaffected by clause 4.
F. In his own interest, the customer is requested to inform A+A of special needs or restrictions with regard to the requested travel services.
5. reimbursement of expenses, remuneration, debt collection
5.1
A+A is entitled to demand payments in accordance with the performance and payment provisions of the mediated service providers, insofar as these have been effectively agreed between the service provider and the customer and contain legally effective payment provisions.
5.2
Payment claims against the customer may be asserted by A+A, insofar as this corresponds to the agreements between A+A and the service provider, as the latter's collection agent, but also in its own right on the basis of the customer's statutory obligation to make advance payments as the customer pursuant to § 669 BGB (German Civil Code).
5.3
The above provisions shall apply mutatis mutandis to cancellation costs (withdrawal compensation) and other legally or contractually justified claims of the mediated service provider.
5.4
The customer shall not be entitled to withhold or set off his own payment claims by A+A against the fact that the customer has claims against the brokered service provider, in particular due to defective performance of the brokered contract. This shall not apply if a culpable breach of contractual obligations on the part of A+A has become causal or co- causal for the occurrence of such claims or if A+A is liable towards the customer for the counterclaims asserted for other reasons.
6. obligations of A+A in the event of complaints by the customer towards the mediated service Providers
6.1
Claims must be asserted against the mediated service providers within certain periods which may result from the law or contractual agreements. As a rule, these deadlines will not be met by asserting them against A+A. This shall also apply if the customer wishes to assert claims against both A+A and the service provider in respect of the same travel service.
6.2
In the event of complaints or other assertion of claims against the mediated service providers, A+A's obligation shall be limited to the provision of the necessary and known information and documents, in particular the communication of names and addresses of the mediated service providers.
6.3
If A+A assumes - even without being obliged to do so - the forwarding of the customer's letter of claim in compliance with the time limit, A+A shall only be liable for timely receipt by the recipient in the event of failure to meet the time limit caused intentionally or grossly negligently by A+A itself.
6.4
With regard to any claims the customer may have against the mediated service providers, A+A shall have no obligation to advise on the type, scope, amount, prerequisites for claims and deadlines to be met or other legal provisions.
7. important information about insurances of travel services
7.1
A+A draws attention to the possibility of taking out travel cancellation insurance when booking in order to minimise a cost risk in the event of cancellations by the customer.
7.2
The customer is further advised that a travel cancellation insurance policy usually does not cover the damage incurred by him as a result of - even if not caused by him - discontinuation of the use of the travel services after their commencement. As a rule, travel interruption insurance must be taken out separately.
7.3
When arranging travel insurance, the customer is informed that the insurance conditions of the arranged travel insurance may contain special contractual conditions and / or cooperation obligations of the customer, in particular liability exclusions (e.g. in the case of pre-existing conditions), deadlines for notification of damage and deductibles. A+A shall not be liable if A+A has not provided any false information regarding the insurance conditions and the travel insurer has a right to withhold benefits from the customer on the basis of effectively agreed insurance conditions.
8. position and duties of the broker in connection with the brokerage of air transport services
8.1
In accordance with EU Regulation No. 2111/2005 on the establishment of a Community list of air carriers, the intermediary is obliged to inform the passenger of the identity of the operating airline at the time of booking. If the operating airline is not yet known at the time of booking, the intermediary will provide the passenger with the information available from the intermediary about the airline that is likely to operate the flight. In the event of a change of airline, the customer will be informed immediately of the change. The joint list of airlines banned from flying in the European Union is available on the websites http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm_en.htm and www.lba.de and can be handed over to the customer on request at the agent's business premises.
8.2
The contractual relationship between the Customer and the Airline shall be governed - insofar as applicable - by the statutory provisions of the German Air Traffic Act, the Warsaw and Montreal Conventions and directly, as shall domestic statutory provisions,
Regulation (EC) No 261/2004 on air passenger rights
Regulation (EC) No 2111/2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier
Regulation (EC) No 1107/2006 of the European Parliament and of the Council concerning the rights of disabled persons and persons with reduced mobility when travelling by air.
8.3
The customer is strongly advised to inform himself about his rights as a passenger, e.g. through the notices in the airports, through the information of the operating air carrier or through the information sheets of the Federal Office of Civil Aeronautics at www.lba.de .
9. remuneration claims of the intermediary
9.1
The prices and service charges for the brokerage of the air transportation services of airlines in accordance with Section 8 of these brokerage conditions shall apply:
9.2
The prices quoted and invoiced are those of the airlines which do not include any commission or other remuneration of the airline for the broker's services.
9.3
The agent's remuneration within the scope of this brokerage activity shall therefore be paid exclusively in the form of service fees to be paid by the customer.
9.4
Unless otherwise agreed in individual cases, the service fee for A+A's brokerage services and for other services in connection with flight bookings shall be € 50 per flight ticket and € 100 for Business and First Class tickets.
9.5
If an agreement on the amount of a corresponding service charge has not been made, the customer shall owe the agent remuneration in accordance with the statutory provisions, i.e. the customer shall be obliged to pay a customary fee.
9.6
The service fees for the arrangement of other travel services and for other activities on behalf of the customer require a corresponding agreement. This can be done e.g. by a corresponding verbal or written reference of the agent.
9.7
The Broker's claim to service charges - also in the case of flight brokerage - shall continue to exist due to service disruptions or changes, in particular rebooking, change of name, withdrawal, cancellation, cancellation or termination of the brokered contract by the service provider or the customer. This does not apply if a claim for reimbursement of the customer due to a claim for damages of the customer due to defects in the consulting or mediation activity of the mediator arises from contractual or legal claims.
10. liability of A+A
10.1
Insofar as A+A has not assumed a corresponding further contractual obligation by express agreement with the customer, A+A shall only be liable for proper fulfilment of the intermediary obligations. These agent obligations include in particular the legally effective transmission of the offer to conclude the contract with the service providers to be procured and, in the event of acceptance of the contract offer by the service providers to be procured, the transmission of the contract confirmation in the name and for the account of the service provider procured.
10.2
A+A shall not be liable for defects and damages incurred by the customer in connection with the mediated travel service. This shall not apply in the case of an express agreement or assurance by A+A in this respect, in particular if this deviates considerably from the service description of the service provider.
10.3
A+A's own liability, if any, arising from the culpable breach of broker duties as well as liability in accordance with § 651x BGB (German Civil Code) shall remain unaffected by the above provisions.
Section II: Regulations for the brokerage of connected travel services according to § 651w BGB (German Civil Code)
The provisions of this Section II on the procurement of associated travel services apply exclusively if A+A hands over the form on the procurement of associated travel services. In this form, the customer is informed that no package tour is booked with A+A when booking a further travel service, but that travel services associated with the conclusion of the second contract arise.
1. payments for connected travel services
1.1
A+A may only accept payments from the traveller for remuneration for travel services of related travel services if A+A has ensured that these are reimbursed to the traveller, insofar as travel services are to be provided by A+A itself or payment claims of service providers mediated by A+A are still to be fulfilled and, in the event of A+A's inability to pay, A+A may only accept payments from the traveller for travel services of related travel services if A+A has ensured that these are reimbursed to the traveller insofar as travel services are to be provided by A+A itself or payment claims of service providers mediated by A+A are still to be fulfilled and, in the event of A+A's inability to pay, A+A is not entitled to make payment for the travel services.
travel services are cancelled or
the traveller complies with requests for payment from unsatisfied intermediaries with regard to travel services rendered.
1.2
A+A shall provide this security in the case of the brokerage of associated travel services by taking out insolvency insurance in accordance with § 651w Para. 3 BGB (German Civil Code), stating the name and contact details of the customer money insurer in a clear, understandable and highlighted manner and handing over a corresponding security certificate for all payments made by the customer to A+A of associated travel services, insofar as the customer does not pay directly to the brokered service provider of the associated travel service.
2. reference to the additional validity of regulations in Section I of this Part A
2.1
In addition, the following clauses of Section I of this Part A of these Terms and Conditions apply to the brokerage of connected travel services: 1; 2; 3; 4; 6; 7; 8; 9; 10.
2.2
Clause 5 of Section I shall only apply subject to the proviso that A+A has fulfilled its obligation under Clause 1 of this Section II to secure payments.
Part B: Travel conditions for safaris of A+A Safaris / A+A
The following terms and conditions shall, insofar as effectively agreed, be the content of the package travel contract concluded between you (hereinafter referred to as "Customer" or "Traveller") and A+A Safaris (hereinafter referred to as "A+A"). They supplement and complete the statutory provisions of §§ 651a - y BGB (German Civil Code) and Articles 250 and 252 EGBGB (Introductory Act to the German Civil Code).
1. position of A+A for arranged flight services and safaris for personal travel
1.1
As a rule, A+A's package travel services do not include air transport to the venue. Insofar as the flight is not expressly stated in the invitation to tender as part of the package tour offered and carried out by A+A, A+A does not offer flight services as its own services but as an intermediary service in addition to the package tour.
1.2
Insofar as A+A arranges additional touristic ancillary services of other service providers (e.g. air transport services together with a stay in the airport lounge) in addition to the air transport services and these ancillary services of the other service provider do not account for a significant share of the total value of this combination of services and neither represent an essential feature of this combination of services of the service provider or of A+A itself nor are they advertised as such, Tourlane shall merely act as an intermediary. In this respect, reference is made to Part A, Section I.
1.3
The above provisions shall not affect A+A's liability under the mediation contract.
2. conclusion of the travel contract
2.1
With the travel registration, the customer bindingly offers A+A the conclusion of a travel contract.
2.2
The registration can be made in writing, verbally, electronically or by telephone and is considered a booking on the part of the customer. The contract is concluded upon acceptance by A+A. Acceptance does not require any particular form. The tour participant is bound to his offer until it is accepted by A+A, but no later than 16 days from the date of registration. Acceptance is made in the form of a written travel confirmation or invoice.
2.3
The customer is responsible for all contractual obligations of fellow travellers for whom he makes the booking as for his own, provided that he has assumed this obligation by express and separate declaration.
2.4
If the content of A+A's travel confirmation differs from the content of the booking, a new offer from A+A shall exist to which A+A is bound for a period of 10 days. The contract is concluded on the basis of this new offer, insofar as A+A has pointed out the change with regard to the new offer and fulfilled its pre-contractual information obligations and the customer declares its acceptance to A+A by means of an express declaration or down payment within the period of commitment.
2.5
The pre-contractual information provided by A+A on the essential characteristics of the travel services, the travel price and all additional costs, the payment modalities, the minimum number of participants and the cancellation fees (pursuant to Article 250 § 3 numbers 1, 3 to 5 and 7 Introductory Act to the German Civil Code (EGBGB)) shall only not become part of the package travel contract if this has been expressly agreed between the parties.
2.6
A+A points out that according to the statutory provisions (§§ 312 para. 7, 312g para. 2 sentence 1 No. 9 BGB) in the case of package tour contracts in accordance with § 651a and § 651c BGB, which were concluded in distance selling (letters, catalogues, telephone calls, faxes, e-mails, messages (SMS) sent via the mobile telephone service as well as radio, telemedia and online services), there is no right of withdrawal, but only the statutory rights of withdrawal and termination, in particular the right of withdrawal in accordance with § 651h BGB (see also clause 5). A right of withdrawal exists, however, if the contract for travel services in accordance with § 651a BGB has been concluded outside business premises, unless the verbal negotiations on which the conclusion of the contract is based were based on a previous order by the consumer; in the latter case there is also no right of withdrawal. The foregoing also applies if contracts are concluded with A+A for accommodation services (e.g. hotel rooms) or flight services for which A+A is not the agent but the direct contractual partner of the customer/traveller.
3. travel price and payment
3.1
A+A and travel agents may only demand or accept payments on the tour price before the end of the package tour if an effective customer money protection contract exists and the customer has received the security note with the name and contact details of the customer money insurer in a clear, understandable and highlighted manner. After conclusion of the contract, a down payment of 25% of the travel price shall be due upon delivery of the security certificate. The remaining payment shall be due 30 days prior to commencement of travel, provided that the security note has been handed over and the trip can no longer be cancelled for the reason stated in Section 10.2.
3.2
If the customer does not make the down payment and/or the balance payment in accordance with the agreed payment due dates, although A+A is willing and able to provide the contractual services properly and there is no legal or contractual right of retention on the part of the customer, A+A shall be entitled, after issuing a reminder and setting a deadline, to withdraw from the travel contract and to charge the customer with cancellation costs in accordance with Item 9.
3.3
Cancellation compensation, processing and rebooking fees as well as insurance premiums are due immediately after A+A has issued the corresponding invoice.
3.4
The travel documents will be sent to the customer within 14 days of A+A receiving the remaining payment.
3.5
If the booking is made less than 30 days prior to departure, the entire travel price is due immediately upon receipt of the written travel confirmation.
3.6
Payment is possible by Paypal and credit card. A+A charges for a payment with credit card Visa or Mastercard max. 2.4% of the travel price.
4. services
4.1
For the scope of the contractual services, the service descriptions in the individual offer, as they have become the basis of the contract, as well as the information referring to them in the travel confirmation/invoice are binding. Subsidiary agreements that change the scope of the contractual services require confirmation in text form.
4.2
Information in hotel brochures and similar descriptions that are not published by A+A are not binding for A+A and A+A's obligation to perform unless they have been made part of A+A's obligation to perform by express agreement with the customer.
5. changes in services
5.1
Changes to the contents of the contract before the start of the journey that do not affect the price of the journey
5.2
Deviations of essential characteristics of travel services from the agreed content of the package tour contract, which become necessary after conclusion of the contract and were not caused by A+A in bad faith, shall be permitted to A+A prior to commencement of travel, insofar as the deviations are insignificant and do not impair the overall layout of the trip.
5.3
A+A is obliged to inform the customer about service changes on a permanent data carrier (e.g. also by email, SMS or voice message) in a clear, understandable and highlighted manner immediately after becoming aware of the reason for the change.
5.4
In the event of a significant change in a significant characteristic of a travel service or a deviation from special specifications of the customer which have become part of the package tour contract, the customer shall be entitled to either accept the change or withdraw from the package tour contract free of charge within a reasonable period set by A+A at the same time as notification of the change. If the customer does not expressly declare withdrawal from the package travel contract within the period set by A+A, the change shall be deemed accepted.
5.5
Any warranty claims shall remain unaffected if the changed services are defective. If A+A had lower costs for the execution of the changed trip or a possibly offered substitute trip with the same quality at the same price, the difference shall be reimbursed to the customer in accordance with § 651m Para. 2 BGB (German Civil Code).
6. services not used
If the traveller does not make use of individual travel services as a result of early return or for other reasons attributable to him, he shall not be entitled to pro rata reimbursement of the travel price. A+A will endeavour to reimburse the service providers for the expenses saved. This obligation does not apply if the services concerned are completely insignificant or if reimbursement cannot be made possible. A+A is entitled to deduct a processing fee of € 50 from the amount to be refunded and to retain it as compensation for the additional work involved. Section 8.5 applies accordingly.
7. duty to inform about the identity of the operating air carrier
7.1
The EU Regulation No. 2111/2005 on informing passengers of the identity of the operating airline obliges A+A to inform the travel customer of the identity of the operating airline of all air transport services to be provided within the scope of the booked trip at the time of booking. If the operating airline has not yet been determined, the probable airline must first be named and the customer informed accordingly as soon as the operating airline has been determined. In the event of a change in the operating airline, A+A must inform the customer of this immediately. A "black list" of unsafe airlines with a flight ban in the EU can be found on the following website: http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm_en.htm
7.2
The airlines and the state coordination authorities are essentially responsible for designing the flight plan and adhering to it. This may result in short-term changes to flight times, routing and aircraft which are outside A+A's sphere of influence. Before the return flight, passengers are obliged to obtain information from the airline about the exact time of the return flight and to have the return flight confirmed. In all other respects, reference is made to the corresponding express information in the travel documents. Any claims of the passenger due to unreasonable changes in services remain unaffected.
8. withdrawal by the customer (cancellation costs) and substitute traveller
8.1
The customer may withdraw from the trip at any time before the start of the trip. The date on which A+A receives the notice of withdrawal shall be decisive. The travel customer is recommended to declare the withdrawal in writing.
8.2
If the customer withdraws before the start of the trip or does not commence the trip, A+A loses its claim to the travel price. Instead, A+A may demand reasonable compensation if the withdrawal is not the fault of A+A or if unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity which considerably impair the performance of the package tour or the carriage of persons to the destination; circumstances are unavoidable and extraordinary if they are not subject to the control of A+A and their consequences could not have been avoided even if all reasonable precautions had been taken.
8.3
A+A has determined the following lump-sum compensation, taking into account the period between the notice of withdrawal and the commencement of the journey, as well as the expected savings in expenses and the expected acquisition through other uses of the travel services. The compensation will be calculated as follows with the respective cancellation scale after the date of receipt of the notice of cancellation:
Up to 45 days before departure 20%.
44 to 30 days before departure 30%.
29 to 20 days before the start of the trip 45%.
19 to 14 days before the start of the journey 75%.
13 to 7 days prior to departure 85%.
06 days until non-appearance 90% of the time
8.4
The deadline for the calculation shall be the date of receipt of the notice of withdrawal.
8.5
The customer is at liberty to prove to A+A that A+A has incurred no loss or a substantially lower loss than the lump sum demanded.
8.6
A+A reserves the right to demand a higher, concrete compensation instead of the aforementioned lump sums if A+A proves that A+A has incurred significantly higher expenses than the applicable lump sum. In this case, A+A is obliged to quantify and substantiate the claimed compensation taking into account the expenses saved and any other use of the travel services.
8.7
If A+A is obliged to reimburse the tour price as a result of a withdrawal, A+A must make payment immediately, but in any case within 14 days of receipt of the declaration of withdrawal.
8.8
The statutory right of the customer to demand from A+A, in accordance with § 651 e BGB (German Civil Code), by notification on a permanent data carrier, that a third party takes its place in the rights and obligations arising from the package travel contract, remains unaffected by the above conditions. Such a declaration is in any case timely if it is received by A+A up to 7 days before commencement of travel.
8.9 The conclusion of travel cancellation, luggage, travel accident and travel health insurance is not included in A+A's offer and is strongly recommended. Further information on the insurance benefits of repatriation insurance, including cover for repatriation costs in the event of accident or illness, can be obtained from insurance companies and insurance brokers.
9. rebooking
9.1
The customer is not entitled to any changes after conclusion of the contract with regard to the date of travel, destination, place of departure, accommodation, type of catering, mode of transport or other services (rebooking). This does not apply if the rebooking is necessary because A+A has not provided the traveller with any inadequate or incorrect pre-contractual information in accordance with Art. 250 § 3 EGBGB; in this case the rebooking is possible free of charge. If in all other cases a rebooking is nevertheless made at the request of the customer, A+A may charge the customer a rebooking fee per traveller affected by the rebooking. Unless otherwise agreed in individual cases before the confirmation of the rebooking, the rebooking fee shall amount to € 50 per affected traveller up to the time of the start of the second cancellation scale of the respective travel type in accordance with the above provision in Item 9. Section 8.5 shall apply accordingly.
9.2
The customer's rebooking requests later than 30 days prior to commencement of travel can only be carried out, if their execution is at all possible, after withdrawal from the package tour contract in accordance with Clause 5 under the conditions and simultaneous new registration. This does not apply to requests for changes of booking which cause only minor costs.
10. withdrawal due to failure to reach the minimum number of participants
10.1 If a minimum number of participants is not reached, A+A may withdraw in accordance with the following provisions:
The minimum number of participants and the latest date of receipt of Tourlane's declaration of withdrawal by the customer must be stated in the respective pre-contractual notification.
A+A must state the minimum number of participants and the latest cancellation deadline in the travel confirmation.
A+A is obliged to declare the cancellation of the trip to the customer immediately if it is established that the trip will not be carried out due to failure to reach the minimum number of participants.
Cancellation by A+A later than 3 weeks before the start of the trip is inadmissible.
If the trip is not carried out for this reason, the customer will immediately receive back any payments made on the trip price, Section 5.6 applies accordingly.
11. cancellation due to reasons of conduct
11.1 A+A may terminate the package travel contract without notice if the traveller, despite a warning from A+A, causes lasting disruption or behaves contrary to the contract to such an extent that the immediate termination of the contract is justified. This shall not apply if the breach of contract is caused by a breach of A+A's duty to provide information.
11.2 If A+A terminates the contract, A+A shall retain the right to the travel price; however, A+A must allow itself to be credited with the value of the saved expenses as well as those benefits which A+A obtains from any other use of the service not used, including the amounts credited by the service providers.
12. limitation of liability
12.1 A+A's contractual liability for damage not resulting from injury to life, limb or health and not culpably caused is limited to three times the tour price. Any further claims under the Montreal Convention or the Air Traffic Act shall remain unaffected by this limitation of liability.
12.2 A+A shall not be liable for service disruptions, personal injury and damage to property in connection with services which are merely brokered as third-party services (e.g. brokered excursions), if these services have been expressly identified as third-party services in the travel advertisement and the travel confirmation, stating the identity and address of the brokered contractual partner, in such a clear manner that they are not part of Tourlane's package tour and have been selected separately. §§ 651b, 651c, 651w and 651y BGB remain unaffected by this.
12.3 A+A shall, however, be liable if and to the extent that the violation of A+A's duties to inform, inform or organise has become the cause of damage to the traveller.
13. duty of cooperation of the traveller
13.1 Notification of Defects / Requests for Remedy
If the trip is not free of travel defects, the traveller can demand remedy.
Insofar as A+A was unable to remedy the situation as a result of a culpable omission of the notice of defects, the traveller may neither assert claims for a reduction in price pursuant to § 651m BGB nor claims for damages pursuant to § 651n BGB.
The traveller is obliged to notify the local representative of A+A of any defects without delay. If a representative of A+A is not available on site and is not contractually owed, any travel defects must be brought to the attention of A+A at the contact point notified by A+A; the travel confirmation will inform the representative of A+A or his contact point on site of the availability of the representative. However, the traveller may also inform his travel agent through whom he has booked the package tour of the notice of defects.
The representative of A+A shall be instructed to remedy the situation as far as possible. However, he is not authorised to recognise claims.
14 Setting a deadline prior to termination
If the customer/traveller wishes to terminate the package tour contract in accordance with § 651l BGB due to a deficiency in travel of the type described in § 651i Para. (2) BGB (German Civil Code), insofar as it is substantial, he must first set A+A a reasonable deadline for remedial action. This only does not apply if the remedy is refused by A+A or if the immediate remedy is necessary.
15. baggage damage and baggage delay during air travel; special rules Deadlines for requesting redress
15.1
The Passenger is advised that loss, damage and delay of baggage in connection with air travel must be reported immediately by the Passenger to the responsible airline on the spot by means of a damage report ("P.I.R.") in accordance with the provisions of aviation law. Airlines and A+A may refuse refunds on the basis of international agreements if the damage report has not been completed. In the event of damage to luggage, the damage report must be submitted within 7 days, in the event of delay within 21 days of delivery.
15.2
In addition, the loss, damage or misdirection of baggage must be reported immediately to A+A, its representative or contact point or the travel agent. This shall not release the Passenger from the obligation to report the damage to the Airline in accordance with letter a) within the above periods.
16. travel documents
The customer must inform A+A if he does not receive the necessary travel documents (e.g. flight ticket, hotel vouchers) within the period notified by A+A.
17. assertion of claims, addressee
Claims according to § 651i Abs. (3) Nr. 2, 4-7 BGB have to be asserted by the customer/traveller to A+A. The assertion can also be made via the travel agent if the package tour was booked via this travel agent. A claim in text form is recommended.
18 Passport, Visa, Customs, Foreign Exchange, Health Regulations
18.1
The traveller is responsible for compliance with passport, visa, customs, currency and health regulations.
18.2
A+A will inform the customer/traveller about general passport and visa requirements as well as health formalities in the country of destination, including approximate deadlines for obtaining any necessary visas prior to conclusion of the contract and about any changes thereto prior to commencement of the journey.
18.3
The customer is responsible for procuring and carrying with him the travel documents required by the authorities, any necessary vaccinations and compliance with customs and foreign exchange regulations. Disadvantages resulting from non-compliance with these regulations, e.g. the payment of cancellation costs, shall be borne by the customer/traveller. This does not apply if A+A has not provided or provided insufficient or incorrect information.
18.4
A+A shall not be liable for the timely issue and receipt of necessary visas by the respective diplomatic representation if the customer has commissioned A+A to procure them, unless A+A has culpably breached its own obligations. Please make sure that the passport you require for your trip is valid, if possible for six months beyond your planned date of return.
18.5
The traveller should inform himself about infection and vaccination protection as well as other prophylactic measures in good time; medical advice on thrombosis and other health risks should be obtained if necessary. Reference is made to general information, in particular from health authorities, tropical medicine specialists, travel medicine information services or the Federal Centre for Health Education. The information material provided by A+A in this regard does not claim to be up to date or complete, although A+A endeavours to keep its documents up to date.
Part C: General provisions
1. notes on data protection
A+A would like to protect the personal data of all customers and therefore undertakes to use such personal data, i.e. all data collected from the respective participant in connection with booking procedures, registration procedures and/or the use of A+A services by A+A and subsequently stored, processed and used, only for the purposes of processing contracts concluded with the cooperation of A+A and for customer retention. A+A may transmit such data to third parties who use such data for the fulfilment and processing of contracts concluded with the cooperation of A+A, in particular partner agencies, shipping companies, airlines, transfer service providers, hotel operators and travel insurance providers. A+A undertakes not to pass on personal customer data to outside third parties unless there is a legal or official obligation to do so. You can find out more about your rights as a data subject, in particular your rights of objection, in the data protection declaration at www.tourlane.de
2. alternative dispute resolution; choice of law and place of jurisdiction
2.1 With regard to the Consumer Dispute Resolution Act, A+A points out that A+A does not participate in voluntary consumer dispute resolution. If consumer dispute resolution becomes mandatory for A+A after these mediator terms and conditions have been printed, A+A shall inform consumers of this in an appropriate manner. For all travel contracts concluded in electronic legal transactions, A+A refers to the European online dispute settlement platform http://ec.europa.eu/consumers/odr/ .
2.2 For customers/travellers who are not nationals of a member state of the European Union or Swiss citizens, the exclusive application of German law shall be agreed for the entire legal and contractual relationship between the customer/traveller and A+A. Such customers/travellers may sue A+A exclusively at its registered office.
2.3 The place of jurisdiction for actions brought by A+A against customers or contractual partners of the package travel contract who are merchants, legal entities under public or private law or persons who have their place of residence or habitual abode abroad, or whose place of residence or habitual abode is not known at the time the action is brought, shall be the registered office of A+A.
3. final provisions
The invalidity of individual provisions of the contract including these terms and conditions shall not result in the invalidity of the entire contract.
Provider:
Address and registered office of A+A Safaris:
Box 971, Ukunda, Kenya
+254 722 588 434
info@safaris-kenia.com