General terms and conditions
The travel contract is concluded between you, referred to as' you ', and us, Ajimba African Tours GmbH, referred to as 'we.' The following conditions provide clarity. Please read these conditions carefully.
I. REGISTRATION, CONFIRMATION AND CONCLUSION OF CONTRACT
With the registration you as the traveller offer us Ajimba African Tours GmbH the conclusion of a travel contract under the conditions specified by Ajimba African Tours GmbH binding.
The registration of the trip must be made in writing (e.g. by letter or fax) or electronically (e-mail, contact form). It takes place by you, as the applicant, also for all participants listed in the registration. You are responsible for all registered participants, if you have heard the corresponding obligation by express and separate declaration.
The booking made by you is deemed to have been accepted by Ajimba African Tours GmbH from the time at which you received the booking confirmation (e-mail is sufficient). You are then obliged to check the booking confirmation immediately for its correctness. If the confirmation deviates from your registration, then a new offer is present. Ajimba African Tours GmbH is bound to this new offer for 10 days and the travel contract with you comes into effect on the basis of the new offer if you declare your acceptance by express declaration, down payment or payment of the balance.
Should you have booked further services (e.g. flights, pre- and connecting trips, transfers, etc.) on your own - outside of the services offered by Ajimba African Tours GmbH - we cannot assume any liability if these have a negative effect on the trip booked by us.
II. PAYMENT
The travel confirmation is to be made against delivery of the safety certificate in the sense of Section 651 k (3) BGB an individual down payment. Your actual down payment will be deducted from the tour price. The Security Note ensures that the tour price paid by you will be reimbursed in the event of the tour operator's insolvency. With the handing over of the booking confirmation and the safety certificate, the deposit is due immediately. In the case of short-term bookings of less than six weeks until the start of the trip, the total travel price is due immediately. Depending on the content of your booking, some services such as flight arrival or certain safari lodge invoices may become due immediately after booking. We will inform you of your individual deposit amount before your booking. The deposit amount is 20%. For special services such as Ajimba activities in connection with special lodges we are entitled to charge higher deposit amounts up to 45%.
The balance is due six weeks before departure. The corresponding amounts are stated in the booking confirmation. The travel documents will be sent to your receiving address approximately 6 weeks before departure after full payment has been received. It is also possible to send documents by e-mail as electronic tickets. Ajimba African Tours GmbH is not obliged to additionally remind you of the compensation of the travel price or the balance payment. If you have not received your travel documents by 21 days before the start of your journey at the latest, please contact us immediately. If a trip is not started due to missing travel documents, Ajimba African Tours GmbH can demand appropriate compensation for the travel arrangements made and for the expenses according to section VII. Unless the traveller is not responsible for the lack of travel documents.
III. SERVICES AND PRICES
The contractually agreed services and prices result from our service descriptions on your travel confirmation.
Changes of essential travel services compared to the agreed contents of your travel contract, which become necessary after booking and were not brought about by Ajimba African Tours GmbH against good faith, are only permitted if they are not substantial and do not affect the overall design of the booked trip. Possible warranty claims remain unaffected, especially if the changed services are defective. As tour operators, we are obliged to inform you of any significant changes in services immediately upon becoming aware of them. However, we reserve the right to cancel the trip or parts of the trip, change routes or make changes in accommodation, especially if weather, strikes, unrest or government decisions demonstrably make this necessary. Any extra costs arising therefrom shall be borne by the traveller. If necessary, we can also offer you a free rebooking or a free cancellation.
Reduction for children: The age at the beginning of the journey is decisive. In the event of incorrect age information, we are entitled to subsequently charge any differences based on this to the correct travel price plus a processing fee of €50. You are at liberty to prove that processing costs have not arisen or are significantly lower.
IV. CANCELATION AND CHANGES
You can cancel your booked trip at any time before the start of the trip. This cancellation must be made in writing during our normal office hours (otherwise the next regular office day applies). The time of receipt of your cancellation by us is decisive. It is recommended that you declare your withdrawal in writing.
If you withdraw from the journey or do not start your journey, we lose as an organizer the claim to the travel price. Instead, if we are not responsible for the cancellation or non-arrival of the trip and there is no case of force majeure, we can demand appropriate compensation depending on the respective travel price for the travel arrangements made up to the cancellation/nonarrival. Depending on the time of cancellation at the agreed commencement of the journey, we have flat-rateled the cancellation fees as a percentage of the tour price. We have already taken into account costs that are usually saved by not starting the journey or a possible resale of services.
Of course, you can provide proof that no or significantly lower costs were incurred in connection with your cancellation or non-occurrence of the trip than the lump sum applied by us in individual cases.
In special cases, we reserve the right to demand higher compensation in deviation from the cancellation fees stated below. In this case, we shall be obliged to quantify and substantiate the claim for compensation taking into account the expenses saved and any other use of the travel services. The flat-rate entitlement to cancellation fees is generally per person in the event of cancellations:
For package tours (i.e. flights and land arrangements):
Up to 60 days before departure 25% of the tour price
Up to 30 days before departure 35% of the tour price
Up to 22 days before departure 60% of the tour price
Up to 15 days before departure 80% of the tour price
Up to 5 days before departure 95% of the tour price
When booking hotels, day trips and rental cars:
Up to 60 days before departure 15% of the tour price (min. €50.00)
Up to 30 days before departure 30% of the tour price
Up to 15 days before departure 50% of the tour price
Up to 5 days before departure 85% of the tour price
When booking safari lodges and packages:
Up to 60 days before departure 25% of the tour price
Up to 30 days before departure 50% of the tour price
Up to 15 days before departure 65% of the tour price
Up to 5 days before departure 95% of the tour price
In the case of special fares for flights, there may be different cancellation costs. In general:
Before ticket issue: €50.00 per ticket. After ticket issue: Depending on the booked fare €50.00 - up to 100% of the ticket costs (minus airport taxes, etc.).
Should your plans change, changes can also be made to your travel arrangements. These include, for example, changes to the date, accommodation, transfers, rental cars, etc. We will make these changes for you for a handling fee of €50 per person and rebooking. Should the rebooking result in additional or reduced costs for our service providers, we will charge or reimburse them accordingly.
In the case of rebookings/partial cancellations within 30 days prior to departure, we charge the costs of a cancellation in accordance with our flat-rate cancellation fees and a subsequent new booking at the current daily price.
Should you be unable or unwilling to make use of booked services for reasons attributable to you, you shall not be entitled to a proportional refund of the tour price. Of course, we will try to obtain a (partial) refund from the service provider as long as it is not an insignificant or non-refundable service. The processing fee is €50 per person and service provider, as for rebookings.
Until the start of the journey, you can register a substitute person who will assume the rights and obligations arising from the travel contract. You must inform us of this in writing. We can object to the entry of the third party in your place if the third party does not meet the special travel requirements or if its participation is contrary to statutory regulations or official orders. For the name change we charge a handling fee of €50, -- per person and rebooking, plus the additional costs incurred by service providers. Please note that with many airlines it is not possible to change a name and the ticket must be cancelled and re-booked at current prices.
Cancellation fees must also be paid if a participant does not arrive at the respective departure airport or point of departure in time for the times stated in the travel documents or if the trip is not started due to the absence of travel documents, such as passport or necessary visas, for which Ajimba African Tours GmbH is not responsible. Cancellation and rebooking fees are due immediately.
Cancellation or Withdrawal by the Tour Operator: If the minimum number of participants specified in the respective service description and confirmation is not reached, we can withdraw from the trip up to five weeks before the start of the trip (receipt by the traveller). We will of course inform you immediately if it becomes apparent at an earlier point in time that the minimum number of participants cannot be reached. Should we have to withdraw for this reason, you will receive the paid travel price back immediately.
We as the tour operator can terminate the travel contract without notice if, despite a warning from us, you permanently disrupt the performance of the tour or if you act in breach of contract to such an extent that immediate cancellation of the contract is justified. In this case, we retain the right to the travel price, but will charge you for any saved expenses. Any additional costs for the return transport shall be borne by the person causing the disturbance himself.
In the case of a travel contract terminated due to extraordinary circumstances and force majeure, Section 651j BGB applies:
(1) If the journey is made considerably more difficult as a result of force majeure not foreseeable at the time the contract was concluded, the following shall be endangered or impaired, both the tour operator and the traveller may terminate the contract solely in accordance with the conditions set out in provision this.
2) If the contract is terminated in accordance with paragraph 1, the provision of § 651e paragraph 3 sentences 1 and 2, paragraph 4 sentence 1 shall apply. Application The additional costs of return transport shall be borne equally by each of the parties. Otherwise the additional costs to the traveller.”
V. NOTIFICATION OF DEFECTS, OBLIGATION TO COOPERATE, REMEDY
If the tour operator does not provide a travel service or does not provide it in accordance with the contract, you as the traveler can demand remedy. We can refuse the remedy if it requires a disproportionate effort. You may demand a reduction of the travel price in the event of services not provided in accordance with the contract, provided that you have not failed to notify us of the defect without delay (without culpable delay). If you have failed to inform us accordingly, the travel price will not be reduced. If your trip is considerably impaired as a result of a defect and we are unable to remedy the situation within a reasonable period, you may terminate the travel contract within the framework of the statutory provisions.
Obligation to minimize damage: As a traveller, you should prevent the occurrence of damage as far as possible and minimise any damage that has occurred. In particular, as the tour operator, you must draw our attention to the risk of damage.
If you have reason for a complaint, please inform our tour guide or the contact person immediately on the spot and demand remedy. If your tour guide or contact person cannot be reached, contact the service provider (e.g. transfer entrepreneur, hotelier, etc.) or Ajimba African Tours GmbH, our hotline or our local representative. You will find the necessary telephone and fax numbers and e-mail addresses in your travel documents. Tour Guides and Service Providers are not entitled to accept any claims.
VI. BAGGAGE LOSS AND BAGGAGE DELAY
If, upon arrival at your destination airport, you discover that your baggage has been damaged or that delivery has been delayed, please report this immediately to the responsible airline at the baggage claim desk at the airport using the Property Irregularity Report (PIR) and inform us accordingly. We recommend that you take out baggage insurance (see Section VIII Deadlines).
VII. LIABILITY
Our contractual liability for damage (which is not bodily injury) is limited to three times the tour price,
a) Insofar as damage is caused to you neither intentionally nor through gross negligence or
b) As far as we are responsible as a tour operator for a damage arising to you solely because of the fault of a commissioned service provider.
The tortious liability for property damage on our part, which is based neither on gross negligence nor on intent, is limited to three times the tour price per customer and tour. Any further claims in connection with baggage according to the Montreal Convention remain unaffected by the limitation.
We shall not be liable for personal injury or damage to property or for disruptions to services in connection with services which we have merely procured as third-party services (e.g. excursions, events, transport services, etc.). These services are clearly identified in the tour description and the booking confirmation and are recognisable to you as a noncomponent of the travel services provided by us as the tour operator.
However, we shall be liable for services which include your transport from the advertised place of departure to the advertised destination, intermediate transport during the journey and accommodation during the journey if the breach of the tour operator's duties of information, clarification or organisation has become the cause of damage to the customer.
If you have booked Deutsche Bahn AG Rail&Fly tickets, carriage will be based on the conditions of the respective carrier. The rights and obligations of the organiser and the passengers under the travel contract law and these detailed travel conditions are not restricted by the conditions of the respective transport company. As a traveller, you are responsible for your punctual arrival at the airport of departure, unless a delay is due to an intentional or grossly negligent breach of duty on our part. Please allow sufficient time. We are not liable for service disruptions (e.g. delays, train cancellations) during these transports.
VIII. DEADLINES
Any claims arising from the non-contractual provision of the tour must be asserted in writing by you to us as the tour operator within two years of the contractually agreed date of completion of the tour. After expiry of this period you can only assert claims if you have been prevented from adhering to the deadline through no fault of your own.
In the event of loss of or damage to checked baggage, the damage must be reported to the air carrier immediately after discovery, i.e. without culpable delay. After acceptance of the baggage, the damage must be reported to the airline within 7 days. In the event of delay or delayed carriage of the checked baggage, the damage must be reported to the airline within 21 days of the baggage being tendered. The period begins with the time at which the baggage was handed over to the passenger by a courier or vicarious agent of the airline.
Limitation of actions: Claims of the traveller according to §§ 651c to 651f of the German Civil Code (BGB) arising from injury to life, body or health which are based on an intentional or negligent breach of duty by the organiser or a legal representative or vicarious agent of the organiser shall be subject to a limitation of two years. This shall also apply to claims for compensation for other damages based on an intentional or grossly negligent breach of duty by the organiser or a legal representative or vicarious agent of the organiser. All other claims according to §§ 651c to 651f BGB are subject to a limitation period of one year. The Statute of Limitations According to the Preceding Paragraphs Begins with the Day Following the Day of the Contractual End of the Trip. Claims arising from unlawful acts shall become statute-barred after three years.
If negotiations on the claim or the circumstances justifying the claim are pending between you and us, the Statute of Limitations shall be suspended until you or we refuse to continue the negotiations. The Statute of Limitations shall commence at the earliest three months after the end of the suspension.
The assignment of claims against us is excluded. This does not apply to accompanying family members or fellow travellers of a jointly registered group.
IX. INSURANCES
Cancellation: As high cancellation fees may be incurred even if the booked trip is not taken (e.g. due to illness), we recommend that all travellers take out a travel cancellation insurance policy. Please also check whether you have sufficient insurance cover abroad, including insurance to cover all costs in the event of accident or illness. This also applies to luggage insurance.
X. PASSPORT, VISA, CUSTOMS, FOREIGN EXCHANGE AND HEALTH REGULATIONS
Ajimba African Tours GmbH wants to inform you to the best of its knowledge before departure about the passport and visa requirements to be complied with, including the deadlines for obtaining these documents, as well as about health formalities if you are a German citizen.
You are responsible for compliance with all important regulations for the execution of the trip. All disadvantages, in particular the payment of cancellation costs, which result from the non-observance of these regulations, are at your expense, except if they are caused by culpable false or non-information of the organizer.
You should inform yourself about infection and vaccination protection as well as other prophylactic measures in good time; if necessary, you should seek medical advice. We hereby expressly refer to general information, in particular from the health authorities, doctors experienced in travel medicine, tropical physicians, travel medicine information services or the Federal Centre for Health Education.
For information on passport, visa, currency or health regulations of the destination, we assume that you are a German citizen. If this is not the case, please contact the embassy responsible for you with regard to this information. Since Ajimba African Tours GmbH relies on the information provided by third parties for this information and the relevant regulations can be changed at any time, we do not give any assurances or guarantees with regard to the correctness, completeness or topicality of this information. Ajimba African Tours GmbH accepts no liability in this respect.
Executing carrier/joint list: According to the regulation (EC) 2111/2005 of 14.12.2005 the tour operator is obliged to inform you about the identity of the operating airline (s) when booking. If an operating air carrier has not yet been determined at the time of booking, you must first be informed of the identity of the operating air carrier (s). As soon as the identity is finally established, you will be informed accordingly. In the event of a change in the operating air carrier after booking, you shall be notified of the change as soon as possible.
to teach. The list of air carriers subject to an operating ban in the EU (“Community list”) can be found at www.lba.de.
Air Transport: The Organiser Points Out That Direct Flights May Involve Womens for Flight and Programme Reasons. It is strongly recommended that money, valuables, technical equipment and medication be carried exclusively in hand luggage.
XI. DATA PROTECTION
The personal data that you make available to us is electronically processed and used insofar as it is necessary for the execution of the contract. In addition, we would like to inform you in writing about current offers in the future, unless it is apparent to us that you do not wish this. If you provide your e-mail address in connection with the purchase or booking of goods or services, we may also use it to send you goods or services or travel-related or similar services from our company. If you do not wish to receive information from us, you can unsubscribe in any e-mail communication or contact the “Data Protection” section at the address of the organiser given below. Insofar as we use external service providers outside the EU or the EEA (so-called third countries without an adequate level of data protection) for the processing and use of personal data, the protection of your personal data is ensured by the agreement of the so-called “EU standard contract clauses.”
XII. GENERAL, FINAL PROVISIONS AND APPLICABLE LAW
The invalidity of individual provisions of the travel contract shall not result in the invalidity of the entire travel contract. The same applies to the present travel conditions.
The contractual relationship between you and us shall be governed exclusively by German law. This also applies to the entire legal relationship. Insofar as German law is not applied in the case of actions brought by you against us abroad for the liability of the law which we do not apply on the merits, German law shall apply exclusively with regard to the legal consequences, in particular with regard to the type, scope and amount of your claims. For lawsuits against travellers or contractual partners of the travel contract who are merchants, legal entities under public or private law or persons who have their residence or habitual abode abroad, or whose residence or habitual abode is not known at the time the lawsuit is filed, the place of jurisdiction is agreed to be the seat of the tour operator.
The foregoing provisions shall not apply if and to the extent that international agreements, regulations of the European Union or regulations of the Member State to which the traveller belongs, which are not contractually binding, provide otherwise in favour of the traveller.
The place of jurisdiction is Bremen. As a customer, you can only sue us as an organiser at our place of business.
XIII. CHANGES IN TERMS AND CONDITIONS
We reserve the right to change rules, conditions and notices. This right does not affect existing rules and conditions that you have accepted through lawful bookings.
Last updated: November 01, 2023
Ajimba African Tours GmbH, Worpsweder Str. 32, 28215 Bremen, Germany
Register Court: Local Court Bremen, Register Number: HRB 32559 HB
Represented by the managing directors Holger Asche or Frank Wardenberg,
Phone: +49 (0) 421 708 28 74, fax: +49 (0) 421 708 28 74, email: hallo@ajimba.com
Monday - Friday 09:00 - 17:00 (closed on public holidays and holidays of the federal state of Bremen)
