General terms and conditions for travel bookings
Our all-inclusive travel services explicitly do not include long-haul flights. At the express request of the traveler, we can arrange long-haul flights as a separate individual service. The separate General Terms and Conditions for Flight Arrangements apply.
The following travel conditions apply to travel bookings from 21.03.2025 and become part of the package travel contract concluded between the tour operator and the traveler within the meaning of Section 651a BGB and supplement the statutory provisions in this respect. Insofar as the term "durable medium" is used in the following conditions, this is to be understood in accordance with § 126b BGB as any medium that enables the recipient to store or save a declaration on the data carrier that is addressed to him personally in such a way that it is accessible to him for a period of time appropriate to its purpose and that is suitable for reproducing the declaration unchanged. This includes USB sticks, CDROMs, DVDs, paper (e.g. fax or letter), e-mails, memory cards and computer hard disks.
1. conclusion of the travel contract
1.1 By registering, the traveler makes a binding offer to the tour operator to conclude a travel contract. In the interest of the customer, the registration should be made on a durable medium after the traveler has been duly informed by the tour operator in accordance with Article 250 §§ 1-3 EGBGB.
1.2 The registration is made by the traveler also for all participants listed in the registration, for whose contractual obligations the applicant is responsible as for his own obligations, provided that he has assumed a corresponding separate obligation by express and separate declaration.
1.3 The contract is concluded upon acceptance by the tour operator. Acceptance does not require any particular form. Upon or immediately after conclusion of the contract, the tour operator shall send the travel confirmation to the traveler on a durable medium in accordance with the statutory requirements or, in the cases of Article 250 § 6 I EGBGB, hand it over in paper form.
1.4 If the content of the confirmation differs from the content of the registration, this constitutes a new offer from the tour operator. The contract is concluded on the basis of this new offer, provided that the tour operator has drawn attention to the changes and has otherwise fulfilled its pre-contractual information obligations in accordance with Art. 250 §§ 1-3 EGBGB. The acceptance of the traveler is made by express declaration to the tour operator.
2. payment
2.1 Payments of the tour price prior to the end of the tour may only be requested and made against handover of the security certificate within the meaning of Section 651t BGB, which contains the name and contact details of the customer money insurer in a clear, comprehensible and highlighted manner.
2.2 A deposit of 20% of the travel price is due upon conclusion of the contract; you will be informed of any deviations from this before the contract is concluded. If you have a valid travel voucher from the tour operator, the value of the voucher will be offset against the deposit. The remaining travel price is due on the 30th day before the start of the trip, provided that the trip can no longer be canceled for the reasons stated in point 9.b). After payment of the full travel price, the traveler will receive his travel documents.
2.3 By way of derogation from Clause 2.1, the full travel price for a package tour can also be demanded without the issue of a security certificate if the trip does not last longer than 24 hours, does not include an overnight stay and the travel price does not exceed EUR 500.
2.4 Payments can be made by bank transfer without the tour operator incurring any additional costs. The tour operator will not charge the traveler any usage fees for payments with VISA and MasterCard credit cards.
2.5 If the traveler is partially or fully in arrears with the payment of the tour price, the tour operator is entitled to withdraw from the contract and to demand compensation in accordance with sections 6.3 to 6.7.
3. services and brochure information
3.1 Which services are contractually agreed is determined by the service descriptions in the tour offer or in the travel confirmation and the information provided in accordance with Art. 250 § 3 EGBGB.
3.2 Deviating services, e.g. from other brochures of the service providers, as well as special requests that change the scope of the planned services, are only binding if they are expressly confirmed by the tour operator on a durable medium.
3.3 Third parties are not authorized to make promises and/or agreements that deviate from the tour operator's travel conditions or descriptions.
3.4 Services that are booked as third-party services directly by the traveler with third-party companies are not part of the tour operator's scope of services (e.g. flights, insurance, excursions, tours, visits to places of interest, etc.).
4. changes in performance
4.1 The tour operator reserves the right to declare justified changes to services prior to the conclusion of the contract.
4.2 Changes or deviations of individual travel services from the agreed content of the travel contract which become necessary after conclusion of the contract and which have not been brought about by the tour operator in bad faith are only permitted insofar as the changes or deviations are not significant and do not affect the overall nature of the booked trip.
4.3 The tour operator undertakes to inform the traveler immediately of any changes and/or deviations in services in accordance with § 651f II BGB on a durable medium. In the event of a subsequent, significant change to an essential travel service, the traveler is entitled to withdraw from the travel contract or to demand participation in an equivalent trip if the tour operator can offer such a trip from its range at no extra cost. If necessary, the traveler will be offered a free rebooking.
4.4 Any warranty claims remain unaffected if the changed services are defective.
5. price changes
5.1 The tour operator reserves the right to change the travel price agreed in the travel contract in the event of an increase in transportation costs in accordance with the following provisions, provided that the circumstances leading to the change neither occurred nor were foreseeable by the tour operator at the time the contract was concluded: If the transportation costs existing at the conclusion of the contract, in particular the fuel costs, increase, the tour operator may a) in the case of a price increase related to the seat, demand the amount of the increase. b) in other cases, divide the additional transportation costs demanded by the transport company per means of transport by the number of seats of the agreed means of transport and demand the resulting amount of the increase for the individual seat.
5.2 If the taxes or duties existing at the time of conclusion of the travel contract, such as entrance or national park fees, are increased vis-à-vis the tour operator, the travel price may be increased by the corresponding pro rata amount.
5.3 In the event of a change in exchange rates after the conclusion of the travel contract, the tour price may be increased to the extent that the tour becomes more expensive for the tour operator.
5.4 In the event of a subsequent change to the tour price, the tour operator must inform the traveler immediately, but no later than 31 days before the start of the tour. Price increases after this time are not permitted. In the event of price increases of more than 8%, the traveler is entitled to withdraw from the travel contract or to demand participation in an equivalent trip if the tour operator can offer such a trip from its range at no extra cost. The traveler must assert these rights with the tour operator immediately after the tour operator has declared the change to the tour price. The traveler is advised to declare this on a durable medium.
5.5 In accordance with § 651f IV BGB, the tour operator is obliged to reimburse the resulting additional amount paid by the traveler to the traveler, less the administrative costs actually incurred, in the event of a reduction in the costs mentioned under points 5.1-5.3.
6. withdrawal by the traveler
6.1 The traveler can withdraw from the trip at any time before the start of the trip. Withdrawal must be declared to the tour operator. If the trip was booked through a travel agent, the withdrawal can also be declared to the travel agent. The date of receipt of the declaration of withdrawal is decisive. Withdrawal is generally possible informally. However, the traveler is recommended to declare the withdrawal on a durable medium.
6.2 If the traveler withdraws before the start of the trip, the tour operator is entitled to compensation for withdrawal instead of the travel price (§ 651h BGB), provided that he is not responsible for the withdrawal and/or there are no unavoidable, exceptional circumstances within the meaning of § 651h III BGB.
6.3 Our compensation for withdrawal may be calculated as a lump sum in accordance with the following table:
6.3.1 for trips to South Africa or Mauritius
up to 30 days before departure: 20% of the travel price,
from the 29th to 22nd day before departure: 50% of the travel price,
from 21 to 15 days before departure: 75% of the tour price,
less than 15 days before departure: 95% of the travel price.
6.3.2 for trips to Namibia
up to 46 days before departure: 20% of the tour price,
from 45 to 31 days before departure: 40 % of the tour price,
from the 30th to the 15th day before departure: 70% of the tour price,
less than 15 days before departure: 95% of the travel price.
6.3.3 for trips to Botswana, Zimbabwe or Mozambique
up to 66 days before departure: 20% of the tour price,
from 65 to 46 days before departure: 50% of the tour price,
less than 46 days before departure: 95% of the tour price.
6.4 The most restrictive cancellation compensation applies to country combinations. For certain types of travel, seasons or special offers, the conditions for cancellation compensation may differ. In this case, we will inform you of the changed conditions before the contract is concluded. These amended conditions shall then form an integral part of the contract and replace the conditions stated in 6.3.
6.5 In addition, the price of brokered services (e.g. insurance, visas, etc.) may be charged in full.
6.6 In the case of a calculation in accordance with Clause 6.3, the traveler is at liberty to prove that the tour operator has incurred no or significantly lower costs in connection with the cancellation.
6.7 Instead of the lump sums specified in Clause 6.3, the tour operator may assert a specifically calculated claim for compensation as compensation for the travel arrangements made and for its expenses. The calculation of the compensation is based on the travel price less the expenses saved and any other use of the travel services. In this case, the tour operator will calculate and justify the specific compensation.
6.8 Until the start of the tour (taking into account the time required for the organization), the traveller may request that a third party assumes the rights and obligations arising from the travel contract instead of him/her. The tour operator may object to the entry of the third party if the third party does not meet the special travel requirements or if legal regulations or official orders prevent their participation. If a third party enters into the contract, this person and the traveler (applicant) are jointly and severally liable to the tour operator for the tour price and the additional costs incurred by the entry of the third party.
7. rebookings
7.1 Rebooking requests made by the traveler up to 30 days before departure are possible depending on the availability of the desired service change. Surcharges resulting from the rebooking shall be borne by the traveler. In addition, we charge a fee of 50 euros for each rebooking.
7.2 Rebooking requests made by the traveler on or after the 29th day before departure can only be carried out, if at all possible, after withdrawal from the travel contract in accordance with section 6. under the conditions stated therein and simultaneous re-registration. This does not apply to rebooking requests that only incur minor costs.
7.3 Rebooking requests regarding the travel destination are generally only possible by withdrawing from the travel contract (cancellation) under the conditions specified in sections 6.3 to 6.7 and subsequently making a new booking.
8. services not utilized
If the traveler does not make use of individual travel services due to premature return or for other reasons for which the tour operator is not responsible, the tour operator shall endeavor to obtain reimbursement of the expenses saved from the service providers. This obligation does not apply if the services in question are completely insignificant, if reimbursement cannot be made possible or if statutory or official regulations prevent reimbursement.
9. withdrawal and termination by tour operator
The tour operator may withdraw from the travel contract before the start of the trip or terminate the travel contract after the start of the trip in the following cases:
a) Without notice, if the traveler persistently disrupts the performance of the trip despite a warning or if he behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified. If the tour operator terminates the contract for this reason, it shall retain the claim to the travel price, but it must allow the value of the saved expenses and, for example, the benefits that it obtains from any other use of the unused service to be offset.
b) In the event that an advertised or officially specified minimum number of participants is not reached, if the travel advertisement for the corresponding trip refers to a minimum number of participants and the period within which the tour operator may cancel the trip, within the period specified in the contract, but no later than
20 days before the start of the trip if the trip lasts longer than 6 days,
7 days before the start of the trip if the trip lasts at least 2 and at most 6 days
48 hours before the start of the trip if the trip lasts less than 2 days.
In any case, the tour operator is obliged to inform the traveler immediately after the conditions for the non-performance of the trip have arisen and to forward the declaration of cancellation to the traveler without delay. Any payments already made towards the tour price will be refunded to the traveler.
10 Liability of the tour operator
10.1 The tour operator is liable within the scope of the duty of care of a prudent businessman for the conscientious preparation of the trip, the careful selection and monitoring of the service providers and the proper provision of the confirmed travel services on the basis of the respective offer.
10.2 The tour operator is not liable for service disruptions in connection with services which are not part of the travel contract and which the traveler has booked and used directly without the tour operator's involvement (e.g. flights, events, excursions, visits to places of interest, etc.).
10.3 The contractual liability of the tour operator is limited to three times the tour price for damage other than bodily injury, insofar as damage to the traveler is not caused intentionally or through gross negligence or insofar as the tour operator is responsible for damage incurred by the traveler solely due to an intentional or grossly negligent breach of duty by a legal representative or vicarious agent (e.g. service provider). Any further claims based on international agreements remain unaffected by this limitation.
10.4 If international agreements or statutory provisions based on such agreements apply to a travel service to be provided by a service provider, according to which a claim for damages only arises or can only be asserted under certain conditions or restrictions or is excluded under certain conditions, the tour operator may invoke this.
11. insurances
Unless otherwise stated, no insurance is included in the tour price. The tour operator expressly recommends that travelers take out the following insurance policies: Travel Cancellation Insurance, Luggage Insurance, Travel Curtailment Insurance, Travel Accident Insurance and Travel Health Insurance.
12 Obligations of the traveler
12.1 The traveler must inform the tour operator immediately if they have not received the required travel documents within the notified period prior to departure.
12.2 If travel services are not provided in accordance with the contract, the traveler may demand redress. The traveler is obliged to notify the tour operator immediately of any travel defect that has occurred. The notification must be made to the local representative, whose contact details can be found in the travel documents. If the local representative cannot be contacted, any travel defects must be reported to the tour operator at its registered office (for address see Clause 21) and, if applicable, to a travel agent if the booking was made through them.
12.3 The traveler must assert claims against the tour operator in writing within 2 years of the contractually agreed end of the tour due to the tour not being provided in accordance with the contract.
12.4 Contractual claims for price reduction (§ 651m BGB) and claims for damages (§ 651n BGB) are excluded if the traveler culpably fails to report defects. The local representative is instructed to take remedial action if this is possible. However, it is not authorized to acknowledge claims by the traveler.
12.5 If the traveler wishes to terminate the travel contract due to a travel defect of the type specified in § 651i BGB in accordance with § 661l BGB or for an important reason recognizable to the tour operator, he must first set the tour operator a reasonable deadline. This only does not apply if remedial action is impossible or is refused by the tour operator or if the immediate termination of the contract is justified by a special interest of the traveler that is recognizable to the tour operator.
13. passport, visa, entry and health regulations
13.1 The tour operator shall inform the traveler about passport and visa requirements, as well as health formalities required for the trip and stay and the approximate time required to obtain any documents. However, the traveler is responsible for complying with all regulations relevant to the trip. All disadvantages arising from non-compliance with these regulations shall be borne by the traveler, unless they are due to incorrect information or non-information provided by the tour operator.
13.2 If the traveler does not comply with the entry regulations of individual countries, so that the traveler is prevented from traveling as a result, the tour operator may charge the traveler the corresponding cancellation fees.
13.3 The tour operator is not liable for the timely issue and receipt of necessary visas, travel permits and/or other documents by the respective diplomatic representation if the traveler has commissioned the tour operator to obtain them, unless the tour operator has culpably breached its own obligations.
14. customs regulations
The traveler is obliged to observe both the customs regulations of the country visited and those of the home country. The traveler is obliged to inform himself/herself about the applicable regulations.
15. revocation
For the booking of travel services with contractually agreed dates, the traveler is not entitled to a 14-day right of withdrawal in accordance with the distance selling regulations.
16. choice of law
The contractual relationship between the traveler and the tour operator is governed exclusively by German law. This also applies to the entire legal relationship. Insofar as German law is not applied to the tour operator's liability in the event of legal action by the traveler against the tour operator abroad, German law shall apply exclusively with regard to the legal consequences, in particular with regard to the type, scope and amount of the traveler's claims.
17. place of jurisdiction
17.1 The traveler can only sue the tour operator at the company's registered office.
17.2 For actions brought by the tour operator against the traveler, the domicile of the traveler is decisive. For legal action against travelers or contractual partners of the travel contract who are merchants, legal entities under public or private law or persons who have their domicile or usual place of residence abroad, or whose domicile or usual place of residence is unknown at the time the action is brought, the place of jurisdiction is agreed to be the registered office of the tour operator.
17.3 The above provisions shall not apply
a) if and to the extent that contractually non-waivable provisions of international agreements applicable to the travel contract between the traveler and the tour operator provide otherwise for the benefit of the traveler, or
b) if and to the extent that non-mandatory provisions applicable to the travel contract in the EU Member State to which the traveler belongs are more favorable to the traveler than the aforementioned provisions or the corresponding German provisions.
18. notice for consumers
18.1 The platform for out-of-court online dispute resolution (so-called ODR platform) of the EU Commission for travel contracts concluded online can be found at http://ec.europa.eu/consumers/odr.
18.2 The tour operator is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act.
19 General provisions
The invalidity of individual provisions of the travel contract and these terms and conditions shall not result in the invalidity of the entire travel contract and these terms and conditions.
20. form for informing the traveler in the case of a package tour
You can download the form for informing the traveler in the case of a package tour here: http://www.sa-travel.de/wp-content/uploads/2018/06/Formblatt_11_Pauschalreise.pdf
21. tour operator
South Africa Travel GmbH & Co. KG
Buddestr. 9
33602 Bielefeld
Germany
Tel +49 (0)521 3367 6880
Fax +49 (0)521 33676881
Mail reisen@sa-travel.de
Commercial Register Bielefeld HRA 15218