GHANA-REISEN: GENERAL TRAVEL CONDITIONS
1) CONCLUSION OF TRAVEL CONTRACT
1.1. With a written application (also by email) on the basis of an advertised travel program and the General Conditions and Terms provided herein, the client offers the binding conclusion of a travel contract to the Tour Operator “Ghana-Reisen” (in the following: TO). The booking request done by the applicant is also effective for all the other participants included in the application. The applicant is liable for the contractual obligations of his own as well as for those of the other participants, provided he has confirmed these obligations in an explicit, separate declaration. For minors applying for themselves and others, signature of the legal guardian is obligatory.
1.2 The contract becomes valid when the TO has accepted the application. The TO will issue to the client a written confirmation of the conclusion of travel contract for all participants on a durable medium (in paper form only in case of art. 250 § 6 page 1 Introductory Act to the German Civil code) as well as a chattel paper covering the client’s prospective payments.
1.3 In case the TO’s confirmation varies in content from the submitted application whilst preserving the pre-contractual information obligations, it constitutes a new offer of the TO, binding him for a period of 10 days. Based on this new offer, the contract is concluded when the client within this period of time confirms his acceptance explicitly or by conclusive evidence (e.g. payment of deposit).
2) PAYMENT OF TRAVEL PRICE
2.1 After confirmed conclusion of the travel-contract and the concomitant issuance of a chattel paper covering the client’s prospective payments, a deposit will be due covering 10% (maximum 270 EUR). This deposit is reckoned as part of the travel price. The balance (difference between travel price and deposit) must be credited on the TO’s bank account (stated on the confirmation note) not later than 28 days before the beginning of the program when it is definite that the travel wil be executed and especially can not be cancelled in accordance to 6.2 any more. If bookings are made less than 28 days before the beginning of the program, the travel price is to be paid in full when the client has received the written confirmation and the chattel paper.
2.2 If, despite reminders and appropriate ultimatum, the due fee is not paid, the TO is entitled to rescind the contract (§ 323 German Civil Code). Unless the client can reclaim a right to refuse payment, he will be liable to pay a withdrawal refund according to article 5 (see below).
The scope of contractual services is bindingly defined by the description of services (taking into account customary local standards) in the general travel package description and the respective specifications in the booking confirmation. Whenever a confirmed agreement between TO and client is tailored to the client’s specific needs, the TO is obliged to render services solely as far as described in writing in his travel offer and his contractual confirmation.
4) CHANGES IN PRICES AND SERVICES AFTER CONTRACT CONCLUSION, CONSIDERABLE CONTRACT AMENDMENTS
4.1. The TO reserves the right to alter the indicated travel price unilaterally after conclusion of the contract, if the increase of the price results directly from factors which only occurred after conclusion of the contract and had been unpredictable when the contract was concluded, especially a) increase of price for passenger transport due to increase in expenses for fuel and other energy sources b) increase in taxes and other fees for contractually agreed travel services such as tourist taxes, airport taxes and harbor fees or c) changes in exchange rates applying for the particular travel package. In the aforementioned cases, the travel price will be changed according to the effect the price increase of factors mentioned in a) – c) has on the travel price per person. In case of such an ex post change of the travel package price the TO will inform the client at once on a durable medium (e.g. per e-mail) about the price increase and its causes and will disclose its calculation. An increase of price can only take effect if it it complies with the requirements stated herein and if the client gets informed no later than 20 days before the commencement of the travel. A claim of price increase from the 20th day before the commencement of the travel is invalid. Explicit reference is made to the TO‘s obligation of price decrease according to 4.2.
4.2 As 4.1. provides for the possibility of a travel package price increase, the client can demand a price decrease if and insofar the prices, taxes, fees and exchange rates have changed after contract conclusion and before the travel commencement and this decrease has lowered the TO’s costs. If the client has paid more than the correspondingly owed amount, the TO must refund the surplus amount. The TO is entitled to deduct the administrative expenses actually incurred by him; upon request of the client he has to prove the extend of these administrative expenses to him
4.3 The TO reserves the right to change contract conditions unilaterally after contract conclusion, provided these changes and deviations are insignificant, will not affect the overall layout and characteristics of the booked package and are not caused in breach of faith and trust (e.g. changes of flight time up to 4 hrs, changes of route). The TO must inform the client about this in a clear, comprehensible manner and emphasized form on a durable medium (e.g. per e-mail, sms). Such changes of contract conditions can only be effective if they conform to these requirements and are declared before the travel begins.
4.4. Substantial changes of travel contract. The TO can not unilaterally carry through the price increase reserved in 4.1 if it extends 8% of the travel price. The TO, however, can offer such an increase to the client and demand, that he within a reasonable timeframe (1) accepts the offer of the price increase or (2) declares his withdrawal from the travel contract. The offer of a price increase can not submitted later than 20 days before commencement of the travel.
The same applies if due to the incurrence of a condition subsequent to the contract conclusion the TO can provide the travel program only with considerable change of a substantial feature of travel performances (art. 250 § 3 Nr. Introductory Act to the German Civil Code) or with divergences from and modifications to specifications for the client which had been included in the travel contract. Such other change of travel contract can not be offered after commencement of the travel.
4.5. When offering an increase of price or other changes of travel contract according to 4.4, the TO can also offer the client to partake in a different package tour in exchange about which the TO has to inform the client according to Art. 250 § 10 Introductory Act to the German Civil Code.
4.6. Once the deadline set by the TO according to 4.4 has expired, the offer of price increase or other changes of travel contract shall be deemed accepted.
4.7 If the client rescinds the contract according to 4.4, § 651h Abs. 1 S. 2 and Abs. 5 BGB apply accordingly. Insofar due to the client‘s withdrawal from the travel contract the TO is bound to refund the travel price, he has to make payment immediately, in any case within 14 days after the client‘s withdrawal. Claims of the client according to § 651i Abs. 3 Nr. 7 BGB remain unaffected.
5) CANCELLATION BY CLIENT, CHANGE IN BOOKING, REPLACEMENT BY SUBSTITUTE, NON-UTILIZED SERVICES
5.1 The client may cancel at any time before the start of a travel program. The date of receipt by the TO will be considered the decisive date. The client is recommended by sending the TO a cancellation by letter or electronically (per e-mail).
5.2 If the client withdraws from the contract, the TO loses his claim to payment of the agreed-upon travel price. He can, however, claim from the client appropriate compensation as re-reimbursement for the expenditures already incurred for preparing the program. The TO has fixed the cancellation charges as flat-rate charges according to the period between the client’s withdrawal and the start of the travel program, the TO’s expected savings of expenditures and the anticipated acquisition through alternative use of travel performances. These flat-rate charges are fixed in percent of the travel price according to the date of the client’s cancellation notice as follows (price quotation per person in % of travel price):
up to 45 days before program start: 4%
from 44th – 30th day before travel program start: 30%
from 29th – 15th day before travel program start: 50%
from 14th – 8th day before travel program start: 60%
from 7th day before travel program start: 70%
from starting day of travel program: 80%
The onus rests with the client to provide proof that expenditures incurred for the TO are nonexistent or are substantially less than calculated in terms of flat-rates stated above.
5.3 The client has no legal claim for change in booking.
Should the client after having booked a travel program ask for changes in booking (alterations of details with regard to the appointed traveling dates, the travel destination or place of travel commencement, the accommodations or means of transportation), the TO can claim surcharge of 30 EUR. Changes in booking are only feasible up to and including the 35th day before the travel program will start. Changes in booking later than that would have to be considered as cancellation according to the above-named conditions and the client’s subsequent application for a new travel contract. The onus rests with the client to provide proof that expenditures incurred for theTO are substantially less than calculated in terms of flat-rates stated above. If the change in booking is free of charge if it becomes necessary because the TO has given to the client no or improper pre-contractual information according to Art. 250 § 3 Introductory Act to the German Civil Code.
5.4 Up to the start of a travel program, the client within a reasonable term on a durable medium (e.g. per e-mail) may declare that a substitute covering for him will take over the travel contract with its rights and obligations. This declaration is definitely in time if it reaches the TO not later than 7 days before the start of the travel program. The TO can object to the take-over of the contract if the substitute does not conform with the requirements of the travel contract. The original client and the substitute named by him are jointly and severally liable for the payment of the travel price and all additional expenses incurred by the substitute’s acceding to the travel contract. The TO can claim reimbursement of extra expenses only if and insofar they are reasonable and have actually incurred. He has to provide evidence to the client to what extent additional expenses have incurred as a result of the travel contract’s takeover by the substitute.
5.5 The client is not entitled to a partial-refund of the travel price if he does not use services offered in the travel contract for reasons attributable to himself (illness, personal reasons, return journey ahead of schedule).
5.6 The TO recommends the conclusion of a travel cancellation insurance and of an insurance covering the costs of care including return journey in case of accident, sickness or death.
6) CANCELLATION AND RESCISSION OF CONTRACT BY THE TO
6.1 Up to 21 days before the start of the travel program the TO is entitled to rescind the contract and cancel the travel program if the required minimum numbers of participants as advertised in the package description is not reached, provided that in the pre-contractual information he has indicated the required minimum numbers of participants and the last date before the stipulated package start on the client must get the TO‘s rescission notice and provided that both articles of contract have been stated in the travel confirmation as well. The TO as well can rescind the travel contract if exceptional, unavoidable circumstances prevent him from fulfilling the contract. In this case, the TO to explain his rescission of contract immediately after having been informed about the related causes.
6.2 The TO loses the claim to the contracted travel price if he rescinds the contract according to 6.1. Payments pertaining to the travel price made by the client will immediately be refunded to him, latest within 14 days after the rescission of contract.
6.3 If the client despite being warned by the TO substantially disturbs the implementation of the travel program or persists in a conduct that is contrary to the terms of contract in a way that makes it unacceptable to continue the travel contract up to the agreed-upon end of the program or up to the expiration of the stipulated period of notice or that otherwise is gravely contrary to the travel contract, the TP can terminate the contract without without notice. The TO is still entitled to the travel price less the value of saved charges, waving of expenses by the local service provider or similar benefits which he eventually will derive from otherwise utilizing the services not called upon by the debarred client. – The client has to pay all additional expenses that may incur for sending him back after such a contract cancellation.
For damages sustained by the client which are not body injuries and were not caused deliberately, the TO is contractually liable up to the triple travel price. This limit of liability does not apply to claims based on the Montreal Agreement for loss of luggage.
8) CLIENT’S OBLIGATIONS, REMEDY OF TRAVEL DEFICIENCIES, SETTING OF A DEADLINE BEFORE THE CLIENT’S TERMINATION OF CONTRACT
8.1 In case deficiencies in service occur, the client must without notify the local tour guide of the TO of such deficiencies or use the contact details mentioned below and always stated in the booking confirmation as well. In case the TO due to a culpable omission of such notification can not provide relief, the client is not entitled to claim rights according to § 651m BGB or compensation according to § 651n BGB. If the client claims remedy, the TO has to rectify the deficiency. He may refuse remedial actions if they are impossible or – taking into account the degree of the deficiency and the value of the affected travel service – would entail disproportional efforts. He may, however, meet the client’s request by offering compensatory services of equal or higher value. If the TO can refuse the remedial of a travel deficiency which affects a substantial part of the travel service, he must provide remedy by offering appropriate compensatory service.
8.2 In case a deficiency affects a travel program substantially and the TO does not take remedial actions or provide compensatory services within an appropriate time limit set by the client, the client can cancel the travel contract within the limits of the statutory provisions. For reasons of proof a specification in writing is recommended. Setting of a time limit can only be waived in case remedial actions have been refused by the TO are impossible or have been refused by the TO or in case immediate remedial measures
are necessary. If the client cancels the travel contract, the TO retains his entitlement to the contracted travel price in respect of the travel services that have already been rendered or must still be rendered in order to terminate the package tour. The client’s claims according to § 651i Abs. 3 Nr. 6 und 7 German Civil Code remain unaffected.
With regards to services no longer to be rendered, the TO’s claims for the contracted travel price expires; payments already made in this respect have to be refunded to the client. The TO is obliged to take measures that become necessary due to cancellation of the travel contract; especially he is obliged to conduct return transport if the contract includes transport of the client. The means of transport used for it must be equivalent to those stipulated in the travel contract. The TO has to bear the costs for the return transport.
8.3 In case travel deficiencies occur, the client is obliged to do everything possible within his legal means in order to prevent or minimize possible damages.
9. PASSPORT AND VISA REQUIREMENTS, HEALTH FORMALITIES
9.1 The TO informs the client about the destination country’s passport and visa requirements including the approximate periods for visa attainment and about health formalities which are for the travel and the (e.g. vaccinations and required by law for the travel and stay in the country of destination.
9.2 The client bears sole responsibility for attaining and carrying the required travel documents and is also responsible that his passport is valid long enough. The TO is not liable for the timely issuance and delivery of required visa by the diplomatic mission in charge even if the client has instructed him to obtain it, unless the TO has failed in his obligations and is responsible for the delay himself.
10. NOTIFICATION OF LUGGAGE DAMAGE, LUGGAGE LOSS OR DELAYED LUGGAGE DELIVERY
For raising of claim damages according to international agreements, luggage damages, delayed luggage delivery or luggage loss in connection with flights loss of luggage must be reported within 7 days and delayed delivery within 21 days after luggage delivery. It is recommended to report the loss or damage to the responsible airline immediately on site and in addition claim the damage in once more writing. Beyond that the loss, damage or misdirection of luggage must be reported to the local tour guide or the TO if contractual warranty claims shall be considered. In case of loss or damage of luggage during self-organized flights the client can not make any claims to the TO or the local tour guide.
11) DATA PROTECTION
The TO informs the client about the processing of personal data in the protection of data declaration on the website and in the data protection notice when contacting the client. The TO assures compliance with the respective regulations of the German Data Protection Act (BDSG) and the European General Data Protection Regulation (GDPR).
“Personal data” is defined as any information which refers to you personally (e.g. name, postal and e-mail address)
The TO compiles and uses the client’s personal data insofar they are required for adequate processing your queries, booking requests, pre-contractual procedures or for executing the travel contract.
According to GDPR art. 6 § 1, data processing for these purposes is legitimate. The data will not be passed on to any non-authorized third party without the client’s explicitly expressed consent. The client has always the possibility to obtain information about which of his personal data have been stored, to demand that these details are corrected, updated or deleted, he can object to the processing of his personal data, let them be transferred or lodge a complaint by a supervisory authority about their processing (all rights according to GDPR art. 15 – 20). The data will be deleted when they are not needed any more for contract performance or if their storage is not legally permitted. Insofar the processing of personal data is based on legitimate interest according to GDPR art. 6 § 1, the client according to GDPR art. 21 is entitled to lodge an objection for reasons based on his special situation. The client may execute his right to object by sending an email to firstname.lastname@example.org or contact the TO via the address mentioned below. By mail to email@example.com the client as well can at any time and free of charge object to the use or processing of his data for purposes of advertising, marketing, market or opinion research.
12) MISCELLANEOUS AND HINTS
12.1 If an individual provision of the travel contract is or becomes completely or partially invalid, it does not invalidate the whole travel contract. The contractual relationship between TO and client is exclusively governed by German law. Place of jurisdiction will be the TO’s registered seat in Göttingen (FRG) if the client is a legal person governed by private or public law who runs a business or his place of main residence is not in the Federal Republic of Germany or if his main residence is unknown at the time of filing a lawsuit.
12.2 The EU-Commission provides an online dispute resolution platform for travel contracts concluded via electronic means of legal transactions. It can be found under http://ec.europa.eu/consumers/odr/
Dispute resolution before Independent Consumer Arbitration Service: The TO does not partake in such optional is dispute resolution procedures and is not legally obligated to do so. There is no internal complaint procedure.
Lange Geismarstr. 21
e-mail: firstname.lastname@example.org, email@example.com und firstname.lastname@example.org
Essential characteristic of services: organizing package tours
Area covered by the insurance: worldwide
The contract is subject to the law of the Federal Republic of Germany.
(Registration number: 2011 546; Gemeindekennziffer: 03152012)