Africa Safari Experts

General booking conditions

1. Completion of travel contract

With the registration the customer offers the completion of a travel contract obliging ones to the tour operator. The registration can be carried out in writing, orally, by telephone or by other distant communicative devices. It occurs through the registrator also for every other participant for whose contract obligations of the registrator answers like for his own obligations, provided that he has taken over a suitable separate obligation by explicit and separate explanation.

The contract completes with the acceptance by the tour operator. The acceptance needs no certain form. With or immediately after completion of the contract the tour operator will hand over the travel confirmation to the customer.

If the contents of the confirmation deviate from the contents of the registration, there is given a new offer of the tour operator to which he is bound for the duration of 10 days. The contract completes on the basis of this new offer if the traveller explains the acceptance towards the tour operator within the connection term.


2. Payment requirements

If booking in Germany:

Payments on the travel price before the ending of the trip may be required only against receiving of the so called Sicherungsschein in terms of §651 k paragraph 3 Civil Code and occur. With completion of the contract a deposit becomes due at the rate of 15 per cent of the travel price. Other payments become due by agreed appointments, provided that the trip cannot be called off any more for reasons called in number 7.b).

Despite of it the full travel price can be required aberrantly also without receiving the Sicherungsschein if the trip lasts no longer as 24 hours, no overnight stay is enclosed and the travel price does not exceed 75 EUR.

If the customer is behind with the payment of the travel price partially or completely, the tour operator is entitled after reminder and term settlement to withdraw from the contract and to require compensation according to number 5.1.

If booking in Tanzania:

You will not receive the so called Sicherungsschein. Otherwise the other requirements as written above apply.


3. Activities and Services

Which activities and services are agreed by contract, arises from the travel confirmation. The information contained in the prospectus is binding for the tour operator. Nevertheless, the tour operator expressly reserves himself to explain entitled activities and services changes and price changes before completion of the contract about which the traveller is informed of course.

Divergent activities and services, e.g., from other prospectuses of the activities and services bearers, as well as special wishes which change the extent of the intended activities and services are only obliging if they are expressly confirmed by the tour operator.

Single foreign activities and services of other enterprises which are not a component of a package tour and which are expressly provided in the foreign name as for example only-flight, hired car, excursions and other events, are no own activities and services of the tour operator.


4. Changing of activities, services and prices

E4.1 changes or divergences of the single travel activities/services of the agreed contents of the travel contract which become necessary after completion of the contract and were not caused by the tour operator against faithfully and faith are only permitted, as far as the changes or divergences are not considerable and do not affect the whole cutting of the booked trip.

Possible guarantee claims remain untouched, as far as the changed achievements with defects are afflicted. The tour operator undertakes to inform the customer about achievement changes or divergences immediately. In the case of an additional, considerable change of an essential travel service the customer is entitled to withdraw from the travel contract or to require the participation in an equivalent trip if the tour operator can offer such a trip without extra charge from his offer. If necessary a free transfer posting is offered to the customer.



4.2 To the tour operator is left, to change theagreed travel price by a rise of the transport charges or the deliveries for certain services, like port charges or airport taxes, or a change of the exchange rates applying for the concerning trip in accordance with the following regulations in the travel contract, provided that lie between contract end and travel beginning more than 4 months and the circumstances leading to the change were neither stamped with contract end nor foresaw for the tour operator:

Increase by end of the contract to existing transport charges, in particular the fuel costs, the tour operator is able

a) with a price increase referring on the seat require the rise amount.

b) in other cases from the promotional enterprise per transportation to demanded, additional transport charges by the number of the seats of the agreed transportation share and require the so arising rise amount for the single place.

Are raised by end of the travel contract to existing deliveries like port charges or airport taxes towards the tour operator, the travel price can be raised around the suitable, proportionate amount

In case of an additional change of the travel price the tour operator has to inform the traveller immediately, at the latest however, 21 days before travel beginning, of it. Price increases after this time are not allowed. With price increases around more than 5 per cent the customer is entitled to withdraw from the travel contract or to require the participation in an equivalent trip if the tour operator can offer such a trip without extra charge from his offer.

4.3 The traveller has to assert less than 4.1 and 4.2 called rights immediately after the explanation of the change of the travel achievement or the travel price by the tour operator with this. Concerning this written form is recommended.




5.Cancelation by the customer, transfer postings, spare people

5.1 The customer can withdraw any time before the travel beginning from the trip. The access of the resignation explanation with the tour operator is decisive. To the customer it is recommended to explain the resignation in writing.

Withdraws the customer of the travel contract back or he does not start the trip, the tour operator can demand substitute with the made travel arrangements and with his expenditures. Decisively for the calculation of the substitute the travel price is under deduction of the saved expenditures and any other uses of the travel services.

Expenditures as well as the normally possible acquisition through any other uses of the travel services according to the following arrangement after the nearness of the time of the resignation at the by contract agreed travel beginning in a proportional relation for the travel price.

In any case, there remains the customer undazed to lead the proof that none or lower costs has originated to the tour operator in connection with the resignation.

The cancelation costs consist as follows:

to the 30th day before travel beginning 20% of the whole price

to the 22nd day before travel beginning 30% of the whole price

to the 15th day before travel beginning 50% of the whole price

to the 8th day before travel beginning 60% of the whole price

to the 4th day before travel beginning 70% of the whole price

from the 3rd day before travel beginning or with non-beginning of the trip 90% of the whole price as a claim for damages demanded.

5.2 If standing changes are made at customer wish for the reservation of the trip for an appointment which lies within the temporal area of application of the travel advertising under the reservation of the availability concerning the travel appointment, the destination, the place of the travel beginning, the lodging or the mode of transport or promotional class (transfer posting), the tour operator is entitled to raise a transfer posting remuneration per travellers accordingly of the following terms:

Flights with charter or lines airlines

to the 90th day before travel beginning 30.00 EUR

to the 30th day before travel beginning 50.00 EUR

The change wishes of the customer which occur at the end of the terms, can be carried out, provided that her realisation is generally possible, only after resignation by the travel contract to the conditions according to number 5.1 and by new registration.

5.3 Up to the travel beginning (taking into account the period necessary for the organisation) the traveller can require that instead of his person a third enters into the rights and duties from the travel contract. The tour operator can contradict the entry of the third if this is not enough for the special travel requirements or his participation legal regulations or official orders stand in the way.

If a third person enters into the contract, this and the traveller (registrator) stick towards the tour operator as a joint debtor for the travel price and by the entry of the third to originating add-on costs.


6. Not taken up services

If the traveller does not take up single travel services as a result of untimely return journey or for other reasons, the tour operator will take care with the achievement bearers of allowance of the saved expenditures. This obligation is cancelled if it concerns absolutely unimportant achievements or if an allowance cannot be made possible.

7. Resignation and cancelation by tour operators

The tour operator can withdraw in the following cases before beginning of the trip from the travel contract or discontinue the travel contract after beginning of the trip:

a) Without observance of a term

If the traveller disturbs the realisation of the trip in spite of a caution with lasting effect or if he behaves in such mass contrary to the terms of the agreement that the immediate abolition of the contract is justified. If the tour operator discontinues, therefore, the contract, he keeps the claim to the travel price, nevertheless, he must add to the account the value of the saved expenditures as well as those advantages which he attains from an other use of the not taken up achievement.

b) Till 2 weeks before travel beginning

With non-achievement of a written out or official agreed least number of participants if in the travel advertising for the suitable trip is pointed out to a least number of participants. In any case, the tour operator is obliged to inform the customer immediately after entry of the condition for the non-realisation of the trip from this and to supply him with the resignation explanation immediately. The customer already gets back made payments on the travel price.



8. Abolition of the contract because of unusual circumstances

If the trip is considerably complicated as a result of higher power not predictable with contract end, is endangered or affected, can discontinue the tour operator as well as the traveller the contract. If the contract is discontinued, the tour operator can require an adequate compensation for the already produced or to the ending of the trip still to travel achievements to be produced. Furthermore the tour operator is obliged to take the necessary measures, in particular, if the contract encloses the back transportation for the traveller. The add-on costs for the back transportation are to be carried by both parties ever half of it. For the rest, the add-on costs are a burden to the travellers


9. Liability of the tour operator

9.1 The tour operator sticks within the scope of the care duty of a well-arranged businessman for:

(1) The conscientious travel preparation

(2) The careful choice and supervision of the achievement bearers

(3) The correctness of the description of all travel achievements given in the prospectuses, provided that the tour operator has not explained a change of the prospectus data according to number 3 before contract end

(4) The proper performance of the agreed travel services.

9.2 The tour operator sticks according to No. 11 for a fault of the people entrusted with the service performance.



10. Gurantee

a) Remedy

If the trip according to the contract is not produced, can ask to the travelling remedy. The tour operator can refuse the remedy if it requires a disproportionate expenditure. The tour operator can also create in the Wise remedy that he produces an equivalent compensation.

b) Decrease of the travel price

For the duration of a not contract-appropriate performance of the trip the traveller can require a suitable lowering of the travel price (decrease). The travel price is to be lowered in the relation in which at the moment of the sales the value of the trip would have stood in state free of lack to the real value. The decrease does not enter, as far as it the traveller omits culpably to indicate the lack.

c) Notice of the contract

If a trip is considerably affected as a result of a lack and the tour operator performs no remedy within an adequate term, the traveller can discontinue the travel contract – in his own interest and for perpetuation of evidence reasons suitably by written explanation – within the scope of the legal regulations. The same is valid if the trip is not to be expected of the traveller as a result of a lack from important one, the tour operator recognizable reason. It does not require the regulation of a term for the remedy only if remedy is impossible or is refused by the tour operator or if the immediate notice of the contract is justified by a special interest of the traveller. The traveller owes to the tour operator the proportionate travel price fallen out on the taken up achievements, unless the taken up achievements were for him without interest.

d) Compensation

The traveller can require regardless of the decrease or the notice compensation because of non-fulfilment, unless, the lack of the trip is based on a fact which the tour operator does not have to represent.


11. Restriction of the liability

11.1 The contractual liability of the tour operator for damages which are not body damages is limited to the triple travel price,

a) as far as a damage of the traveller neither deliberately nor roughly is caused negligently or

b) as far as the tour operator only for a damage originating to the traveller because of a fault of an service bearer is responsible.

11.2 For the compensation claims of the customer against the tour operator from unauthorised action which are not based on intention or coarse carelessness the liability of the tour operator is limited with damages to property customer and trip to the height of the triple travel price. The end of a travel accident assurance and baggage insurance is recommended in this connection in own interest to the customer. 11.4 remains untouched, also so far the liability there the preceding restriction goes out.

11.3 A compensation claim against the tour operator is limited in this respect or excluded when on account of international arrangements or on such being based legal regulations which are to be applied to the achievements to be produced by the service bearer a claim to compensation can be asserted against the service bearer only under certain conditions or restrictions or is excluded under certain conditions.

11.4 If the position of a contractual aerial carrier comes up to the tour operator, the liability is regulated after the regulations of the air traffic act in connection with the international agreements of Warsaw, Hague, to Guadalajara and the Montreal arrangement. These agreements limit as a rule the liability of the aerial carrier for death or physical injury as well as losses and damages of luggage. Provided that the tour operator is an service bearer in other cases, he sticks after for these valid regulations. If the position of a contractual shipowner comes up to the tour operator with ship travelling, the liability is also regulated after the regulations of the code of commercial law and the inland ship journey law.

11.5 The tour operator sticks for foreign services of other enterprises which are not a component of a package tour and which are expressly provided in the foreign name (as for example only-flight, hired car, excursions, sports events and cultural events, etc.) only as a mediator. The liability for mediation mistake is limited accordingly preceding less than from 11.1 to 11.4 called principles




12. Co-operation duty

The traveller is obliged to help in appeared service disturbances within the scope of the legal regulation and to avoid possible damages or to hold low.

The traveller is in particular obliged to give his objections immediately to the local travel management to the knowledge. This is asked to provide for remedy, provided that this is possible. If a local travel management is absent, fault announcements and remedy desires are to be directed to the tour operator in his seat. If the traveller omits culpably to indicate a lack, a claim to decrease or compensation does not enter.


13. Exclusion of claims and limitation

The traveller has to assert claims because of not contract-appropriate performance of the trip within one month after the by contract intended end of the trip towards the tour operator. At the end of the term can assert of the travelling claims if he has been prevented without fault in the observance of the term. Aberrantly of it luggage losses are to be announced within 7 days and luggage delays within 21 days after delivery. Contractual claims of the traveller come under the statute of limitations in 12 months. The limitation begins with the day in which the trip to the contract should end. If the traveller has asserted such claims, the limitation is restrained up to the day in which the tour operator or his liability insurer rejects the claims in writing. Claims from unauthorised action are defeated by the legal period of limitation.


14. Passport, visa and health regulations

The tour operator answers for it, citizens of the state in which the trip is offered to inform about regulations of passport regulations, visa regulations and health regulations as well as their possible change before travel beginning. For members of other states the responsible consulate provides information.

The tour operator does not stick for the timely granting and the access of necessary visa by the respective diplomatic representation, even if the traveller has instructed the tour operator, unless the tour operator has to represent the delay.

The traveller is responsible for the observance all for the realisation of the trip to important regulations himself. All disadvantages, in particular the payment of the resignation costs which arise from the non-observance of these regulations go to his loads, except if they are caused by culpable wrong informa




15. Duty of information to the identity of the executive aviation enterprise

After the EU-VO 2111/2005 the tour operator is obliged to inform the customer with the reservation about the identity of the executive airline of the flight transportation services to be produced in connection with the booked trip.

If the executive airline is not certain yet, the likely airline is to be named first and the customer accordingly to inform, as soon as the executive airline is certain. With a change of the executive airline the tour operator has to inform the customer immediately.

The information about the executive airline for the purposes of the EU-VO 2111/2005 founds no contractual claim to the realisation of the aerial transportation with the called airline and shows no assurance, unless, a suitable assurance arises from the travel contract. As far as it is agreed in allowed manner by contract, a change of the airline is left to the organizer expressly.

From the EU commission on the base of the EU-VO 2111/2005 „common list“ of unsafe airlines published is on the Internet site of the organizer or under http://ec.europa.eu/transport/air-ban/list_de.htm (the links there to the in each case topical list follow) retrievable and is also sent you before the reservation if requested.


16. Ineffectiveness of single regulations

The ineffectiveness of single regulations of the travel contract does not entail the ineffectiveness of the whole contract.


17. Applicable right and legal venue

Contractual relationships and legal relationships between the tour operator and the traveller are directed according to German law if booking was made in Germany and to Tanzanian law if the booking was made in Tanzania.

The traveller can sue the tour operator only in his seat. For complaints of the tour operator against the traveller the residence of the traveller is authoritative, unless, the complaint is directed against independent commercial agents or people who have moved her residence or usual place of residence after end of the contract abroad, or their residence or usual stay is not known at the time of the complaint elevation. In these cases the seat of the tour operator is authoritative.