General Terms and Conditions
General Travel Conditions
Dear traveller,
we use all our knowledge and skill to prepare your trip carefully and to handle it as smoothly as possible. The following travel conditions supplement the provisions of §§ 651 a ff. of the German Civil Code (BGB) on the travel contract and the Information Regulation for Tour Operators, and implement them. Where validly incorporated, they form part of the travel contract concluded between us, Voice of Nature Hendrik Stachnau, Albertiweg 22c, 22605 Hamburg (hereafter "TO"), and each individual traveller upon booking. Please read these conditions carefully.
Note: Clause 13 states that German law applies exclusively. In case of ambiguity the German version is authoritative; this English version is provided for readability only.
1. Travel contract
1.1. With the travel registration, the customer makes a binding offer to the TO to conclude the travel contract on the basis of the respective travel description and the relevant trip information. Registration can be made orally, in writing, by telephone, fax or electronic means (e-mail, Internet). It is made by the registrant also on behalf of all participants listed in the registration, for whose contractual obligations the registrant is liable in the same way as for their own, provided the registrant has expressly assumed such a separate obligation. For minors, the registration must be signed by the legal guardian(s); written consent from the legal guardians is required for every minor participant, even if registered through another participant as the registrant.
1.2. The tour operator informs the customer of the conclusion of the contract by written booking confirmation.
2. Payment
After conclusion of the contract, payment of the total price is due upon delivery of the travel services.
3. Services
Scope and nature of the services contractually owed by the tour operator result from the service description of the tour operator in the travel advertisement belonging to the respective trip, in conjunction with the individual booking confirmation. With regard to the travel advertisement, the tour operator expressly reserves the right, for objectively justified, significant and unforeseeable reasons, to declare a change to the advertisements before conclusion of the contract, about which the customer will of course be informed prior to booking. If an individual travel itinerary is put together at the customer's request, the tour operator's service obligation arises exclusively from the corresponding specific offer to the customer and the respective booking confirmation.
4. Changes to services and prices
4.1 Changes to material travel services that become necessary after conclusion of the contract and that are not brought about by the TO in breach of good faith are only permitted to the extent that such changes are not significant and do not impair the overall character of the booked trip.
4.2 Price increases after conclusion of the travel contract are only permitted in the event of an increase in transport costs, levies for certain services (such as harbour or airport fees), or a change in exchange rates applicable to the trip in question — all of which must have occurred after conclusion of the travel contract and been unforeseeable at that time — to the extent the increase per person or per seat affects the travel price. Such a price increase further requires that more than four months lie between the customer's receipt of the booking confirmation and the agreed start of travel. If this is the case, the customer will be informed without delay. Price increases demanded from the 20th day before the agreed travel date onwards are not permitted.
4.3 In the event of a price increase of more than 5 % of the travel price or a significant change to a material travel service, the customer may withdraw from the contract free of charge or, as in the case of a permissible cancellation of the trip by the TO, request participation in another equivalent trip, if the TO is able to offer such a trip from its programme without additional cost. The customer must assert these rights vis-à-vis the TO without delay after receipt of the notice of change.
5. Withdrawal by the customer; TO's claim for compensation
5.1. The customer may withdraw from the trip at any time before travel begins. For reasons of evidence, written withdrawal is recommended.
5.2. In the event of withdrawal, the TO may demand appropriate compensation for arrangements made and expenses incurred. The amount of compensation is determined by the travel price less the value of expenses usually saved by the TO and what the TO can obtain through usual alternative use of the travel services. The TO may, at its discretion, calculate the claim specifically or as a flat rate. As a flat rate, the TO may apply the following percentages of the travel price:
- up to 30 days before start of travel: 20 %
- from the 29th to the 22nd day before start of travel: 30 %
- from the 21st to the 15th day before start of travel: 50 %
- from the 14th to the 7th day before start of travel: 80 %
- from the 6th day onwards and in case of no-show: 90 %
The TO reserves the right, in individual cases and in deviation from the flat rates, to demand a higher, specifically calculated compensation. The customer is always free — even in case of a flat rate — to prove that no damage has occurred or not in the amount calculated by the TO.
5.3. Should rebookings (changes of travel date) be requested by the customer after booking, the tour operator may charge a rebooking fee of up to 29 euros. Rebookings are only possible up to the 35th day before start of travel. After that, changes are only possible following a prior withdrawal from the contract under the above conditions and with simultaneous re-registration by the customer. The customer may at any time prove that the rebooking caused no or lower costs than the above flat rate.
5.4. Should the customer be unable to travel, they may, until the start of travel, nominate a substitute person who takes their place in the rights and obligations of the travel contract and who must be notified to the tour operator beforehand. The tour operator reserves the right to refuse this person if they do not meet the specific requirements of the trip, if their participation is not possible for organisational reasons, or if statutory regulations or official orders preclude their participation. The substitute person entering the contract and the original traveller are jointly and severally liable to the tour operator for the travel price and for any additional costs arising from the substitution.
6. Withdrawal by the tour operator
6.1 If a minimum number of participants is expressly specified in the trip description and this number is not reached, the TO may withdraw from the contract, provided the TO has stated the minimum number of participants in the brochure along with the point in time by which the withdrawal or cancellation of the trip must be received before the contractually agreed start of travel, and has also clearly referred to this in the booking confirmation.
6.2 The TO will notify the customer of non-performance by withdrawal no later than three weeks before the start of travel, in any case without delay upon becoming aware that the minimum number of participants has not been reached. The traveller may then request participation in another equivalent trip offered by the TO, if the TO is able to offer such a trip without additional cost from its programme. The traveller must make this declaration without delay after receipt of the TO's withdrawal. If the trip is not carried out for the above reasons, payments already made towards the travel price will be refunded to the customer immediately.
6.3. If the traveller, despite an appropriate warning by the tour operator, persistently disrupts the trip or behaves in such a breach of contract that continuation of the contract until the agreed end or expiry of a notice period becomes unreasonable, or otherwise severely breaches the contract, the tour operator may terminate the travel contract without observing a notice period. In this case the tour operator retains the claim to the travel price less expenses saved and any refunds by service providers or similar advantages gained from alternative use of the unutilised service, including amounts credited by service providers. Any additional costs for the return journey are borne by the disruptive traveller.
7. Customer's duties, termination by the customer, warranty, limitation period for claims, notice of lost or delayed baggage
7.1 If the trip is not carried out in accordance with the contract, the customer may demand remedy. The TO may refuse remedy if it would require disproportionate effort. The TO may provide remedy by rendering an equivalent or higher-value substitute service. Defects must be reported without delay to the local tour guide or at the address/telephone number given below, and remedy must be requested there.
7.2 If a trip is materially impaired by a defect and the TO fails to provide remedy within a reasonable period, the customer may terminate the travel contract within the framework of statutory provisions — for reasons of evidence, written termination is recommended. The TO points out the customer's obligation to report any defect that occurs without delay, and that before terminating the travel contract (§ 651e BGB) a reasonable deadline for remedy must be set, unless remedy is impossible or refused, or unless immediate termination is justified by a special interest.
7.3. If a defect exists, the customer may — without prejudice to the reduction of the travel price (abatement) or to termination — demand compensation for damages, unless the defect is based on a circumstance for which the tour operator is not responsible. The customer is obliged, in the event of service disruptions, to cooperate within the statutory framework on mitigating damages, to avoid or minimise any damages. If the customer culpably fails to report a defect, no claim for abatement arises.
7.4. Travel contract warranty claims must be asserted against the TO at the address below within one month after the contractual end of the trip. After expiry of this one-month period, the traveller may only assert claims if prevented from meeting the deadline through no fault of their own, or if the claims are tortious.
8. Force majeure
If the trip is significantly impeded, endangered or impaired by an event of force majeure that was not foreseeable at the time of conclusion of the contract, both the tour operator and the customer may terminate the travel contract. If the contract is terminated, the tour operator may claim appropriate compensation for services already rendered or still to be rendered to end the trip. The tour operator is obliged to take the necessary measures — in particular, if the contract includes return transport, to bring the customer back. The additional costs of the return journey are shared equally between the parties. Otherwise, any additional costs are borne by the customer.
9. Liability, limitation of liability
9.1. The TO is liable in accordance with statutory provisions.
9.2. The TO's contractual liability for damages that are not bodily harm is limited per trip and per customer to three times the travel price, insofar as the damage was neither caused intentionally nor through gross negligence, or insofar as the TO is responsible for a damage suffered by the customer solely because of fault by a service provider.
9.3. For claims for damages in tort that are not based on intent or gross negligence, liability for material damage is limited to three times the travel price per person and per trip.
9.4. If international agreements or statutory provisions based thereon apply to a travel service rendered by a service provider, under which a claim for damages can only arise or be asserted under certain conditions or limitations, or is excluded, the TO may invoke these.
10. Limitation periods
The customer's travel contract claims under §§ 651c to 651f BGB become time-barred after one year. The limitation period begins on the day on which the trip was to end under the contract. If negotiations between the customer and the TO are pending regarding the claim or the circumstances giving rise to the claim, the limitation is suspended until the customer or the TO refuses to continue the negotiations. The limitation occurs at the earliest 3 months after the end of suspension.
11. Traveller's duty to cooperate
11.1 If the traveller does not receive their travel documents in good time before the start of travel, they must notify the TO immediately.
11.2 The traveller is obliged, in the event of any service disruptions, to do everything reasonable within the statutory duty to mitigate damages to contribute to remedying the disruption and to minimise or avoid any damages. In particular, the traveller must notify the TO of their complaint immediately. The TO will make every effort to provide remedy without delay.
12. Data protection
Personal data collected by the TO and provided by the customer will be used exclusively for customer service and internally for customer retention purposes, and will be stored, processed and protected only within the scope of the contract's purpose and in accordance with the provisions of the German Federal Data Protection Act (BDatenSchG).
13. Miscellaneous
The invalidity of individual provisions does not entail the invalidity of the entire travel contract. This contract is governed exclusively by German law. The TO may be sued at its registered office. The TO may sue the customer at the customer's place of residence. Insofar as the customer is a full merchant or a legal entity under private or public law, or has no general place of jurisdiction in Germany, the TO's registered office is agreed as the exclusive place of jurisdiction.
Voice of Nature Hendrik Stachnau Albertiweg 22c 22605 Hamburg Germany
Phone: +49 176 70432928 E-mail: mail@voice-of-nature.org