General Terms and Conditions of
NAMIBIA-ECO-TOURS

Dear Traveler,

Herewith we would like to draw your attention to our travel and business conditions, the acceptance of which you confirm by accepting our binding travel offer. Please read these terms and conditions carefully before booking your tour.

1. Travel contract and booking

The offer on our website www.namibia-eco-tours.com is not binding and is for your general information and orientation only. With your booking enquiry or general contact, there is no binding offer to conclude a travel contract. Your booking inquiry for the round trip is merely a non-binding request to us to provide you with a legally binding individual travel offer. The binding offer from our side will be sent by e-mail. It contains, among other things, information on the exact date of travel, the price and the services included. With your written acceptance of this offer by e-mail-confirmation to NAMIBIA-ECO-TOURS, the binding conclusion of the contract for both parties is concluded. The binding acceptance of our travel offer is made by the registrant and for all participants listed in the registration. If the applicant expressly declares that he/she is responsible for the contractual obligations of all participants registered by him/her, he/she is liable not only for himself/herself but also for all other persons registered by him/her. The travel contract is concluded upon acceptance by NAMIBIA-ECO-TOURS. The applicant will receive a written confirmation from NAMIBIA-ECO-TOURS as well as the travel security certificate by e-mail.

2. Payment of the tour

a) Upon receipt of the travel security certificate and conclusion of the contract, a deposit of 30% of the tour price is to be transferred. After conclusion of the contract, the deposit is to be paid within 14 days.

b) 30 days before the start of the tour, the remaining price is due for payment and must be transferred without request, quoting the offer number.

c) The total travel price is due immediately for short-term bookings made within 30 days before the start of the round trip.

d) NAMIBIA-ECO-TOURS shall be exempted from the service and reserves the right to claim the deposit in case the rest of the travel amount is not paid in full or on time.

3. Services and changes in services

The scope of the contractually agreed services is specified in the service descriptions in the binding travel offer. The information contained in the offer is binding for NAMIBIA-ECO-TOURS. Deviations of individual travel services from the agreed content of the travel contract, which are not caused by NAMIBIA-ECO-TOURS but which become necessary after conclusion of the contract, are permitted as far as they do not concern the service in its essential contents. The statutory warranty regulations remain unaffected. The participant will be informed immediately of any changes or deviations in services.

4. Cancellation by the customer

a) The participant may withdraw from the round trip at any time before the start of the tour. Decisive is the receipt of the declaration of withdrawal by NAMIBIA-ECO-TOURS, which must always be sent in writing by e-mail. If the participant or several participants registered in a contract resign from the travel contract or do not turn up for the tour, NAMIBIA-ECO-TOURS can demand compensation for the travel arrangements made and for its expenses. NAMIBIA-ECO-TOURS may stagger this claim for compensation, taking into account the following classification according to the time of cancellation at the contractually agreed start of the tour. If the cancellation is made up to the 30th day before the date of departure, the cancellation fee is 50% of the total travel amount. In case of later cancellation, 75% of the tour price will be retained. Deposits for hotel or safari bookings and the like will not be refunded.

b) If the participant (or several participants registered in a contract) does not start the tour without declaring his or her withdrawal, or if he or she does not make full or partial use of individual travel services, he or she is not entitled to a refund. NAMIBIA-ECO-TOURS may, at its discretion, charge the saved expenses or other uses in detail or demand a lump sum from the participant.

c) If the participant ends a tour ahead of schedule due to circumstances such as illness, ailment or accident, the additional costs incurred shall be borne by the participant. In this case there is no right to a refund. NAMIBIA-ECO-TOURS may according to §k651i Abs. 2 BGB [German Civil Code], however, demand an appropriate compensation for the travel arrangements made and for its expenses depending on the respective travel price, insofar as it is not responsible for the cancellation or a case of force majeure.

5. Cancellation by the tour operator

NAMIBIA-ECO-TOURS may, in the following cases, cancel the travel contract before commencement of the trip or terminate the travel contract after commencement of the trip:

a) Termination without notice

NAMIBIA-ECO-TOURS may terminate the travel contract for exceptional reasons. An important reason can be given in particular, if the tour participant is seriously disturbing the peace of the tour despite a warning. In such a case, NAMIBIA-ECO-TOURS retains the right to the tour price.

b) Up to 60 days before departure of the tour

If a minimum number of 5 participants is not reached. In any case, NAMIBIA-ECO-TOURS is obliged to inform the participant immediately that the 12-day tour will not be carried out and to send him the declaration of cancellation without delay. The deposit already paid will be refunded to the participant. Any further liability of NAMIBIA-ECO-TOURS for any expenses or possible damages on the part of the participant is expressly excluded. Since the arrival/departure in/from Windhoek/Namibia is not included in the travel price and is carried out individually by the customer, we recommend that the flight is booked 60 days before the start of the tour. NAMIBIA-ECO-TOURS will not compensate any damages for costs, in particular cancellation costs for already booked flights, hotels, lost vacation and other expenses, that got caused by a cancellation of the tour up to 60 days prior to departure, if the tour did not get guaranteed before by NAMIBIA-ECO-TOURS itself.

6. Liability of the tour operator

a) NAMIBIA-ECO-TOURS is liable for the conscientious preparation of the tour, the careful monitoring and selection of the service providers, the correctness and the proper provision of the contractually agreed travel services.

b) Participation in a round trip organized by NAMIBIA-ECO-TOURS is at your own risk and on your own responsibility. The participant is responsible for compliance with the legal regulations of the country of travel as well as for sufficient insurance coverage.

c) NAMIBIA-ECO-TOURS is not liable for claims for damages following accidents caused by the passenger or caused by third parties. The tour operator is also not liable for consequences resulting from the occurrence of special outdoor risks.

7. Limitation of liability

The liability of NAMIBIA-ECO-TOURS for damage to property and personal injury, which was caused neither intentionally nor grossly negligently, is excluded. In the event of loss of or damage to luggage or equipment, there is no claim for compensation. Each participant is responsible for providing adequate insurance cover. Furthermore NAMIBIA-ECO-TOURS excludes all liability for damages caused by bookings that were made prior to 60 days before departure, if NAMIBIA-ECO-TOURS itself did not guarantee the tour earlier than 60 days prior to departure.

8. Special outdoor risks

a) All tours undertaken by NAMIBIA-ECO-TOURS include elements such as driving on and off sealed roads, passing through any kind of terrain obstruction, danger from bad weather, danger from animals or other dangers that are unforeseeable due to the nature of the tour as an adventure tour. Participation in the tours is at your own risk.

9. Obligation to cooperate

The passenger is obliged to cooperate within the framework of the legal regulations in the event of a delay in performance, to avoid or to keep possible damage to a minimum. In particular, the participant is obliged to inform NAMIBIA-ECO-TOURS or an employee of NAMIBIA-ECO-TOURS of his complaints without delay and to inform NAMIBIA-ECO-TOURS before the end of the round trip and to demand remedy if this is possible. If the passenger culpably fails to report a defect, he/she shall not be entitled to a reduction in price.

10. Exclusion of claims and statute of limitations

a) The tour participant must assert contractual claims against NAMIBIA-ECO-TOURS within one month after the contractually stipulated end of the tour due to partial or complete non-performance or defective performance of tour services. Enforcement of the claim is, however, possible after the deadline in case of missing this deadline without the customer’s own fault.

b) Contractual claims of the passenger shall be barred within six months. The period begins with the day on which the round trip should end according to the contract.

11. Passport, visa & health regulations

a) The participant is responsible for compliance with all passport, visa and health regulations that are important for carrying out the round trip. NAMIBIA-ECO-TOURS is not liable for the timely issuance and receipt of necessary visas by the respective diplomatic representation.

b) All travellers should inform themselves in good time about infection and vaccination protection as well as other preventive measures. General information is provided by health authorities, physicians experienced in travel medicine and information services.

c) If any difficulties arise for you as a traveler as a result of the aforementioned regulations which prevent or impair your participation in the tour, you are therefore not entitled to withdraw from the travel contract free of charge.

12. Force majeure

a) NAMIBIA-ECO-TOURS may terminate the travel contract if the journey is made considerably more difficult, endangered or impaired by force majeure, which was not foreseeable at the time of conclusion of the contract.

b) NAMIBIA-ECO-TOURS has the right to change the planned itinerary at any time before and during the tour if circumstances dictate or if such a measure is considered indispensable. Changes in services and route as a result of unforeseeable extraordinary circumstances, e. g. war, strikes, civil commotion, civil unrest, sovereign orders, governmental prohibitions, administrative arbitrariness, restrictive measures contrary to current practice, natural disasters, technical defects on the transport vehicle as well as force majeure or incidents which, in their consequences, are equivalent to the aforementioned examples, are NAMIBIA-ECO-TOURS permitted.

13. Ineffectiveness of individual provisions

The ineffectiveness of individual provisions of the travel contract does not result in the ineffectiveness of the entire travel contract.

14. Place of jurisdiction

a) The place of jurisdiction for NAMIBIA-ECO-TOURS is Erfurt, Germany. Passengers may sue NAMIBIA-ECO-TOURS only at its registered office.

b) The place of residence of NAMIBIA-ECO-TOURS against the participant is the place of residence of the traveller, unless the action is directed against merchants or persons who do not have a general place of jurisdiction in Europe, or against persons who have moved their domicile or usual place of residence outside Europe after conclusion of the contract, or their domicile or usual place of residence is unknown at the time the action is filed. In these cases, the place of jurisdiction shall be Erfurt, Germany.

15. Tour operator

NAMIBIA-ECO-TOURS
Owner: Dr. Stephan Getzin
Gorkistr. 18
99084 Erfurt
Germany