General travel conditions
The GTC supplement the legal regulations in §§651 a ff. of the German Civil Code (BGB) and regulate the legal relationship between the customer and Safari-Dreams / Avali Tours GmbH. In addition, in certain cases the general terms and conditions of rental car providers and airlines only apply if a rental car or flight is included in the travel offer made by Safari Dreams / Avali Tours GmbH. In this case Safari Dreams is only the agent of the rental car offer of the flight.
1. registration for the trip and conclusion of the travel contract, travel documents
1.1 With the verbal, telephone, written or electronic travel registration, the customer makes a binding offer to the tour operator to conclude a travel contract on the basis of the tour description, all supplementary information on the tour in the brochure and these General Terms and Conditions of Travel. The travel contract comes into effect upon acceptance of the booking by the tour operator. The organizer confirms the conclusion of the contract to the applicant with the travel confirmation on a durable medium for all participants (only in the case of Art. 250 § 6 para. 1 sentence 2 EGBGB in paper form) and sends the security certificate. The insolvency insurance on which this certificate is based protects all customer payments to the RV against insolvency.
1.2 If the content of the travel confirmation differs from the content of the registration, this shall constitute a new offer by the travel agent, to which the travel agent shall be bound for a period of 10 days, provided that the pre-contractual information obligations are complied with. If the traveler expressly or conclusively accepts the new offer within the specified period (e.g. by making the down payment), the contract is concluded with its content.
1.3 The registration is also made by the applicant for all participants listed in the registration, for whose contractual obligations the applicant is liable as for his own obligations, provided that he has assumed this liability obligation by express, separate declaration to the organizer.
1.4 The customer will receive the travel documents by e-mail, post or at the airport counter at the latest. If the customer has not received any travel documents before the start of the trip, they must contact the travel agent immediately. The customer must also inform the RV if documents, tickets or vouchers contain incorrect information, for example with regard to their personal data.
2. performance obligation of the tour operator
2.1 The scope and nature of the services contractually owed by the tour operator are determined exclusively by the service description in the brochure valid at the time of travel or the specific travel advertisement in conjunction with the individual travel confirmation.
2.2 Service providers (e.g. hotels, airlines, transport companies) and travel agencies are not authorized by the organiser to give assurances or make agreements that change the content of the travel contract agreed between the organiser and the customer. They may also not legally recognize any claims made against the RV.
3. payment of the travel price – deposit and final payment
3.1 After receipt of the booking confirmation and the security certificate, a deposit of 20% of the tour price is due and payable, which will be offset against the total tour price.
3.2 The balance of the tour price for individual tours is due for payment four weeks before the start of the tour if it is certain that the tour will take place, in particular if it can no longer be canceled by the tour operator in accordance with section 6.1. The specific amounts of the down payment and final payment can be found in the travel confirmation.
3.3 If the travel price due is not paid despite a reminder and a reasonable deadline for payment, the organizer is entitled to withdraw from the contract (Section 323 BGB) and to demand cancellation costs from the customer, the amount of which is based on Section 7.2 below.
3.4 Cancellation and rebooking fees are due for payment immediately upon receipt of the customer’s invoice if no due date is specified.
4. price and contract changes after conclusion of the contract, customer rights,
Rebooking, entry of substitute person
4.1 The organizer reserves the right to unilaterally increase the travel price after conclusion of the contract if the increase in the travel price is a direct result of a change to the travel price that actually occurred after conclusion of the contract and was not foreseeable at the time the contract was concluded. a) Increase in the price for the transportation of passengers due to higher costs for fuel or other energy sources, b) an increase in taxes and other charges for agreed travel services, such as tourist taxes, port or airport charges, or c) a change in the exchange rates applicable to the package tour in question. In the cases mentioned, the travel price will be changed to the extent that the increase in the a) until c) above has an effect on the travel price per person. Should this be the case, the RV shall inform the customer immediately on a permanent data carrier (e.g. by e-mail) in a clear and comprehensible manner about the price increase and the reasons for it, and shall communicate the calculation of the price increase. A price increase is only effective if it meets the requirements stated here and the customer is informed no later than 20 days before the start of the trip. A price increase that is demanded from the 20th day before the agreed departure date is invalid. Express reference is made to the RV’s obligation to reduce the price in accordance with 4.2.
4.2 As 4.1 provides for the possibility of an increase in the travel price, the customer may demand a reduction in the travel price if and insofar as the factors mentioned in 4.1 under a) to c) have changed after conclusion of the contract and before the start of the trip and this leads to lower costs for the travel agent. If the customer has paid more than the amount owed hereunder, the additional amount shall be reimbursed by the RV. The insurer may deduct the administrative expenses actually incurred from the additional amount to be reimbursed and must provide the customer with evidence of the amount of administrative expenses incurred at the customer’s request.
4.3 The organizer reserves the right to unilaterally change contractual conditions other than the travel price after conclusion of the contract if the changes are insignificant and are not brought about in bad faith (e.g. flight time changes of up to 4 hours, route changes). The RV shall inform the customer of the change in a clear, comprehensible and prominent manner on a durable medium (e.g. by email, SMS). The change is only effective if it meets these requirements and is declared before the start of the trip.
4.4 Significant changes to the contract: If the price increase reserved in 4.1 exceeds 8% of the tour price, the organizer may not make it unilaterally. However, the tour operator may offer the customer a corresponding price increase and demand that the customer (1) accepts the offer to increase the price or (2) withdraws from the contract within a reasonable period specified by the tour operator. The offer to increase the price cannot be made later than 20 days before the start of the trip. If the tour operator is only able to provide the trip due to circumstances occurring after conclusion of the contract with a significant change to one of the essential characteristics of the travel services (Art. 250 § 3 No. 1 EGBGB) or only with a deviation from the customer’s special requirements that have become part of the contract, sentence 2 of this Section 4.4 shall apply accordingly, i.e. the tour operator can offer the customer the corresponding other contract amendment and demand that the customer (1) accepts the offer to amend the contract or (2) declares his withdrawal from the contract within a period of time specified by the tour operator, which must be reasonable. The offer for such other contract changes cannot be made after the start of the trip.
4.5 In its offer for a price increase or other contract amendment in accordance with 4.4, the tour operator may also offer the customer the option of participating in another package tour (replacement tour), about which the tour operator must inform the customer in accordance with Art. 250 § 10 EGBGB.
4.6 The offer to increase the price or otherwise amend the contract shall be deemed to have been accepted after the expiry of a deadline set by the RV in accordance with 4.4.
4.7 If the customer withdraws from the contract after 4.4, § 651h para. 1 p. 2 and para. 5 BGB shall apply accordingly. If the organizer is obliged to refund the travel price as a result of the customer’s withdrawal, the organizer must make payment immediately, in any case within 14 days of the withdrawal. Claims of the customer according to § 651i para. 3 No. 7 BGB remain unaffected.
4.8 If, at the customer’s request, changes are made to the travel date, destination, accommodation or mode of transport (rebooking) after the trip has been booked, the organizer may charge a rebooking fee of € 25 per rebooking up to 30 days before the start of the trip. Thereafter, rebookings are only possible after prior withdrawal from the travel contract under the conditions set out in 7.2 below and if the customer makes a new booking at the same time. This does not apply to rebooking requests that incur only minor costs. The customer can prove at any time that no or lower costs than the above flat rate were incurred as a result of the rebooking. There is no legal entitlement to rebooking. If the rebooking is necessary because the organizer has provided the customer with no or incorrect pre-contractual information in accordance with Art. Art. 250 § 3 EGBGB, it is free of charge.
4.9 The customer can declare within a reasonable period before the start of the trip on a durable medium (e.g. by email) that a replacement person will assume the rights and obligations arising from the travel contract in their place. The declaration shall in any case be deemed to have been made in good time if it is received by the organizer no later than seven days before the start of the trip. The organizer may object to the entry of the replacement person if this person does not meet the contractual travel requirements. If a replacement person enters into the contract, they and the customer shall be jointly and severally liable to the organizer for the travel price and the additional costs incurred by the entry of the third party. The RV may only demand reimbursement of additional costs if and to the extent that these are reasonable and have actually been incurred.
5. services not utilized
If the traveler does not make use of individual travel services properly offered by the tour operator for reasons for which the traveler is solely responsible (e.g. illness, early departure, trip interruption), the traveler shall not be entitled to a pro rata refund. The RV will endeavor (without acknowledging any legal obligation) to make refunds.
6 Withdrawal and termination by the tour operator
6.1 The tour operator may withdraw from the contract if the minimum number of participants is not reached, if it has expressly stated and quantified this in the pre-contractual information (e.g. travel advertisement) and specified the time by which the declaration of withdrawal must be received by the traveler at the latest before the contractually agreed start of the trip, and if it clearly states the minimum number of participants and the latest withdrawal period again in the travel confirmation. Cancellation by the organizer must be declared to the customer no later than four weeks before the agreed start of the trip.
6.2 The tour operator may withdraw from the contract before the start of the tour if it is prevented from fulfilling the contract due to unavoidable, exceptional circumstances. The organizer must then declare the withdrawal immediately after becoming aware of the reason for withdrawal.
6.3 If the Organizer withdraws from the travel contract in accordance with 6.1 or 6.2, it shall lose its claim to the agreed travel price. Payments made towards the tour price will be refunded to the customer immediately, at the latest within 14 days of the organizer’s cancellation.
6.4 If the traveler persistently disrupts the travel contract despite a corresponding warning from the tour operator or behaves in such a manner contrary to the contract that a continuation of the contractual relationship until the agreed termination or expiry of a notice period is unreasonable, or is otherwise in serious breach of contract, the tour operator may terminate the travel contract without notice. If the travel agent terminates the contract, it shall retain the right to the travel price less the value of any expenses saved and any reimbursements from service providers or similar benefits that it obtains from any other use of the travel service not used by the customer. In such cases, the local representatives of the travel agent (agency, tour guide) are authorized to issue the warning or termination on behalf of the travel agent. Any additional costs for return transportation shall be borne by the disruptor.
7. withdrawal by the customer
7.1 The customer can withdraw from the travel contract at any time before the start of the trip. It is recommended that you declare your withdrawal in writing or electronically (e.g. by e-mail). The date of receipt of the declaration of withdrawal by the RV is decisive.
7.2 If the customer withdraws, the organizer loses the right to the agreed travel price, but may demand reasonable compensation. To this end, the organizer has set the following compensation flat rates, which are determined as a percentage of the travel price depending on the time of cancellation by the customer, depending on the period between the declaration of cancellation and the start of the trip, the expected savings in expenses by the organizer and the expected acquisition through other use of the travel services:
20 % of the tour price up to 46 days before departure,
from the 45th to the 30th day before departure 30% of the tour price,
from the 29th to the 15th day before departure 50% of the tour price,
from the 15th day before departure and 90% of the tour price in the event of no-show.
The customer is free to prove that the RV has not incurred any damage at all or only significantly less damage than the lump sum. If the organizer is obliged to refund the travel price after the customer has withdrawn from the contract, it must make the refund to the customer immediately, at the latest within 14 days of the customer’s withdrawal. The RV cannot demand compensation if unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity that significantly impair the execution of the trip or the transportation of persons to the destination.
7.3 The RV recommends taking out travel cancellation insurance and insurance to cover the costs of assistance, including repatriation in the event of accident, illness or death, as well as health insurance that is also valid abroad. The RV can arrange travel insurance.
8. obligations of the customer, notification of defects, remedy, setting a deadline before
Cancellation by the traveler, notice periods
8.1 The customer must report any defects that occur immediately and request a remedy within a reasonable period of time. If the RV was unable to remedy the situation due to a culpable failure to notify the customer, the customer is not entitled to assert the rights specified in Section 651m BGB or to claim damages in accordance with Section 651n BGB. If the customer requests a remedy, the travel defect must be rectified. The organizer may refuse to remedy the situation if it is impossible or involves disproportionate costs, taking into account the extent of the travel defect and the value of the affected travel service. The insurer may remedy the situation by providing a substitute service of equal or higher value. If he can refuse to remedy the defect and if the defect affects a significant part of the travel services, he must offer a remedy in the form of appropriate replacement services.
8.2 If a trip is significantly impaired as a result of a defect and the organizer fails to remedy the situation within a reasonable period of time, the customer may terminate the travel contract. The customer need not set a deadline only if the RV refuses to remedy the situation or if immediate remedy is necessary. If the contract is terminated by the customer, the organiser shall retain the right to the agreed travel price with regard to the travel services provided and those still to be provided at the end of the package tour; claims by the customer in accordance with Section 651i (1) of the German Civil Code (BGB) shall remain unaffected. 3 No. 6 and 7 BGB remain unaffected. With regard to the travel services that can no longer be provided, the travel agent’s claim to the agreed travel price shall lapse; payments already made in this respect shall be refunded to the customer.
8.3 Tour guides are entitled to accept notices of defects and, if necessary, to remedy them, but not to recognize legal claims with effect for the tour operator.
8.4 Every traveler must ensure that they arrive at the place of departure on time, especially if they have booked their own flights or are otherwise traveling by themselves. At airports, allow sufficient time for security checks and check-in, i.e. at least 3 hours.
9. passport and visa requirements, health regulations
9.1 The tour operator shall inform the customer about passport and visa requirements of the country of destination, including the approximate deadlines for obtaining visas and health formalities (e.g. vaccinations and certificates required by the police) that are necessary for the trip and stay.
9.2 The travel guest is responsible for complying with all regulations that are important for the execution of the trip. All disadvantages arising from non-compliance with these regulations shall be borne by the RV, unless the RV has culpably failed to fulfill or poorly fulfilled its duty to inform. In particular, customs and foreign exchange regulations abroad must be complied with. The customer must ensure that their passport or identity card is sufficiently valid for the trip.
10 Liability of the tour operator, limitation of liability
The contractual liability of the organizer for damages that are not physical injury and are not culpably caused is limited to three times the tour price. This limitation of liability does not apply to claims under the Montreal Convention for the loss of baggage.
11. information obligations regarding the identity of the operating air carrier
In accordance with EU Regulation No. 2111/05, the RV is obliged to inform the customer of the identity of the respective air carrier of any air transportation services to be provided as part of the booked trip at the time of booking. If the operating airline or airlines have not yet been determined at this time, the organizer must name the airline or airlines that will probably carry out the flight and ensure that the customer is immediately informed of their identity as soon as it or they have been determined. The same applies if the operating airline changes. The blacklist of airlines that do not have an operating license in the EU can be viewed on the website https://ec.europa.eu/transport/modes/air/safety/air-ban_de and on the tour operator’s website.
12. data protection
The RV complies with the provisions of the BDSG and the GDPR when processing personal data. Personal data is all data that relates to a person personally (e.g. name, address, e-mail address). This data is processed insofar as it is necessary for the appropriate processing of the customer’s inquiry or booking request, for the implementation of pre-contractual measures or for the fulfillment of the travel contract. The data processing is in accordance with Art. 6 para. 1 p. 1 lit. b GDPR for the purposes mentioned. Your data will not be passed on to unauthorized third parties without the express consent of the customer. The customer has the option at any time to retrieve their stored personal data, request information about it, have it changed, corrected or deleted, have its processing restricted, object to its processing, have it transferred or complain to a supervisory authority about the processing (all rights under Art. 15 to 20 GDPR). The data will be deleted if they are no longer required for the fulfillment of the contract or if their storage is not permitted by law. Insofar as your personal data is processed on the basis of legitimate interests in accordance with. Art. 6 para. 1 p. 1 lit. f GDPR are processed, you have the right, in accordance with Art. Art. 21 GDPR to object to the processing of your personal data on grounds relating to your particular situation. You can exercise your right to object by sending an e-mail to firstname.lastname@example.org or by contacting us at the address below. By sending a message to email@example.com, the customer can also object to the use or processing of their data for advertising, market or opinion research or marketing purposes at any time free of charge.
13. miscellaneous, reference to online and consumer dispute resolution
13.1 The ineffectiveness of individual provisions of the travel contract does not result in the ineffectiveness of the entire travel contract. The entire contractual and legal relationship between the customer and the RV shall be governed exclusively by German law. If the customer is a merchant or a legal entity under private or public law or a person whose place of residence or habitual abode is abroad, or whose place of residence or habitual abode is unknown at the time the action is brought, the place of jurisdiction shall be the registered office of the RV.
13.2 The European Commission provides an online platform for the out-of-court settlement of consumer disputes for contracts concluded in electronic legal transactions, which the customer can find at https://ec.europa.eu/consumers/odr/. The RV does not participate in dispute resolution proceedings before a consumer arbitration board and is not legally obliged to do so. There is no internal complaints procedure.
Avali Tours GmbH
Sales tax ID acc. § 27a UStG: DE225388466