Terms and Conditions (GTC)
1. Conclusion of the travel contract
With your booking (travel registration), the customer makes a binding offer to conclude a contract for the desired travel services. Possible ways of booking the registration can be made in writing, verbally, by fax by telephone or electronically (e-mail, Internet) etc. When registering for several travel participants, the applicant is liable for their contractual obligations in addition to these participants as well as for his own, provided he has expressly and separately declared this. The contract comes into effect upon acceptance by Ndoto Safari Ltd. and does not require a specific form. Upon or immediately after the conclusion of the contract, Ndoto Safari Ltd. give the customer a travel confirmation or booking confirmation according to the itinerary. The customer agrees to the storage of his data. All personal data Ndoto Safari Ltd. are made available are protected against misuse in accordance with the Federal Data Protection Act (e.g. information in the passport for booking, etc.).
2.Payment
After receipt of the booking, the customer will receive a travel confirmation or booking confirmation with an invoice. Ndoto Safari Ltd. reserves the right to demand a higher deposit for certain travel services (e.g. international and national flights, optional excursions from third-party providers such as gorilla or chimpanzee tracking/permits, balloon safari, etc.), which the customer will be informed of in this case. After receipt, a deposit of 30% of the travel price per traveler is to be paid to the bank details provided. Any fees incurred for international payments shall also be borne by the traveler. The deposit will be added to the travel price. The final payment/balance is due 30 days before departure without further request. In the case of contracts concluded less than 30 days before the start of the journey, the entire travel price is due for payment immediately. If the travel price due has not been paid in full by the contractually agreed departure date, Ndoto Safari Ltd. from the service to be provided and can demand the corresponding cancellation costs from the customer in the same amount as if the customer were to cancel the trip.
3.Service and Price Changes
The scope of the contractually owed travel service is basically determined by the travel confirmation or booking confirmation according to the itinerary. Requirements or deviations from the agreed content of the travel contract (e.g. changes to the itinerary, change of accommodation) which become necessary after the conclusion of the contract and which are not brought about by us in bad faith are permitted, provided the changes or deviations are not significant and affect the overall layout of the booked trip not affected.
Ndoto Safari Ltd. informs the traveler immediately in the event of service changes or deviations. In the event of a significant change to an essential travel service, you are entitled to withdraw from the contract free of charge. Or to require participation in a trip of at least equal value if Ndoto Safari Ltd. is able to offer such a trip at no extra cost.
Ndoto Safari Ltd. is entitled to increase the travel price after the conclusion of the travel contract if this means an increase the cost of transportation or charges for certain services, such as port or airport dues, taxes or government levies, or a change in the exchange rates applicable to the trip in question. If the charges existing at the time of the conclusion of the travel contract, such as port or airport fees, taxes or public charges, are increased towards us, we can increase the travel price by the corresponding proportionate amount. If the exchange rates change after the conclusion of the travel contract, the travel price can be increased to the extent that the trip has become more expensive for us. An increase is only permitted if there are more than 3 months between the conclusion of the contract and the agreed travel date and can only be requested up to the 21st day before the agreed departure date and the circumstances leading to the increase were not foreseeable for us before the contract was concluded. If the travel price changes, the customer will be informed immediately. If the price increases by more than 5%, you are entitled to withdraw from the travel contract without fees or to request participation in a trip of at least the same value if Ndoto Safari Ltd. in a position is to offer such a trip at no extra cost. The customer must cancel or request a replacement trip immediately after becoming aware of the change declaration to Ndoto Safari Ltd. to assert against. The latter also applies in the event of a permissible cancellation of the trip by Ndoto Safari Ltd.
4. Withdrawal by the customer, substitute participant
The customer can withdraw from the travel contract at any time before the start of the trip or name a substitute participant (if the third party/substitute participant enters into the contract, he and the traveler are liable to Ndoto Safari Ltd. as joint debtors for the travel price and through the entry of the third party for the additional costs incurred). who assumes the rights and obligations arising from the contract in his stead. The receipt of the declaration of withdrawal or a declaration from the substitute participant is decisive. It is recommended to declare the withdrawal or the appointment of the substitute participant in writing and in good time. If you withdraw from the travel contract or do not start the trip, we lose the claim to the travel price. Instead, we may make a reasonable flat-rate percentage claim as follows demand from the respective travel price.
• 15% up to 29 days before departure
• 30% from the 21st day to the 15th day before departure
• 50% from the 14th day to the 10th day before departure
• 75% from day 9 – day 5 before departure
• 90% from the 4th day before departure
5.Extra Costs
All special costs that arise during the trip as a result of or in connection with changes to the planned itinerary for personal reasons of the customer are at the expense of the customer and are to be paid immediately to the respective claimant as soon as they arise. The special costs include, for example, expenses arising from the customer's late arrival for departure or for the prepared round trip or costs for a premature return of such as a result of indisposition, illness or accident (e.g. patient return transport, hospital and hotel stays also for accompanying persons) . Join Ndoto Safari Ltd. to meet an acute emergency, in submission, so are those of Ndoto Safari Ltd. reimburse the amounts already paid immediately after the end of the trip.
6. Withdrawal and termination by the tour operator
Ndoto Safari Ltd. can 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:
I. We can withdraw up to 14 days before the start of the trip if the advertised or officially specified minimum number of participants is not reached if the travel advertisement refers to a minimum number of participants. The declaration that the minimum number of participants has not been reached and that the trip will therefore not be canceled must be sent to the customer no later than 14 days before the start of the trip. The customer will then receive the payments made on the travel price back immediately. The customer is not entitled to any further claims.
II.Ndoto Safari Ltd. can withdraw from the travel contract or, after the start of the trip, terminate the travel contract without notice if the Despite our warning, the traveler persistently disturbs the execution of the trip or if he behaves in breach of contract to such an extent that the immediate cancellation of the contract is justified. Announces Ndoto Safari Ltd. we retain the right to the travel price, but must allow the value of the saved expenses and those benefits to be credited that we obtain from other uses of the unused services, including the amounts that Ndoto Safari Ltd. were credited by the service providers. Upon termination, Ndoto Safari Ltd. represented by the respective tour guide or driver guide.
III. If the trip was made considerably more difficult, endangered or impaired as a result of force majeure that was not foreseeable when the contract was concluded, both the tour operator and the traveler can terminate the contract. If the contract is terminated, the tour operator can demand appropriate compensation for the services already rendered. Ndoto Safari Ltd. is remains obliged to take the necessary measures, in particular to transport the passenger back if the contract includes return transport. The additional costs of the return transport are to be borne equally by both parties. In all other cases the traveler is responsible for additional expenses.
7. Warranty and Liability
If the travel services are not provided in accordance with the contract, the liability of Ndoto Safari Ltd. nor the legal regulations. The customer can request remedial action, which Ndoto Safari Ltd. can refuse if it requires a disproportionate effort. Ndoto Safari Ltd. has the opportunity to remedy the situation in such a way that an equivalent replacement service is provided and the travel defect was not caused in bad faith or the remedy does not represent an inadmissible change in the contract. In the event of performance disruptions, the customer is obliged to report the travel defect immediately to the driver or to reprimand the tour guide. If the customer fails to report the defect, he is therefore excluded from any reduction and contractual claims for damages. The customer is obliged to cooperate within the framework of the statutory provisions in the event of service disruptions, to avoid damage or to keep it to a minimum.
8.Limitation of Liability
I. In the case of contractual liability
The contractual liability of Ndoto Safari Ltd. for damage that does not result from injury to life, limb or health is limited to three times the travel price a. if damage to the traveler was not caused intentionally or through gross negligence, or b. as far as Ndoto Safari Ltd. is solely responsible for damage caused to the traveler due to the fault of a service provider.
II. Limitation of liability in tort
Liability in tort for damage to property that is not based on intent or gross negligence by Ndoto Safari Ltd. per participant and trip to USD 3,750, or if the travel price of the participant exceeds USD 1,249, to three times the travel price. The liability sum applies to each customer and trip.
III. Exclusion of liability for third-party services
Ndoto Safari Ltd. is not liable for service disruptions, personal injury and damage to property in connection with services that are only mediated as third-party services (e.g. optional or optional excursions and activities, e.g. balloon safari, Maziwe Island, transport services to and from the advertised starting point and destination, etc.) and in Basic travel price is not included. If a scheduled transport service is provided as part of a trip or in addition to it, Ndoto Safari Ltd. external services. In this case, the transporting company is solely liable for the provision of the transport service.
IV. Carrier Liability
Comes Ndoto Safari Ltd. the position of a contractual air carrier, the liability is governed by the relevant provisions of the Air Traffic Act in conjunction with the international agreements of Warsaw, The Hague, Guadalajara, etc. The Warsaw Agreement usually limits the liability of the air carrier in the event of death or personal injury as well as loss or damage to luggage.
9. Filing of Claims and Statute of Limitations
Claims for non-contractual provision of the trip must be made to Ndoto Safari Ltd. within one month of the contractually agreed end of the trip. claimed at the address below or at info@ndoto-safari.com. After this period has expired, the traveler can only raise claims if he was prevented from meeting the deadline through no fault of his own. Claims for non-contractual Provision of the trip expires six months after the contractually planned end of the trip. If the customer has asserted such claims, the limitation period is suspended until the day on which the tour operator Ndoto Safari Ltd. rejects the claims in writing.
10. Passport, visa, customs, currency and health regulations
The traveler is responsible for compliance with all regulations important for the implementation of the trip (such as obtaining and carrying the necessary travel documents, any necessary vaccinations and compliance with customs and foreign exchange regulations, - not an exhaustive list - and much more). All disadvantages arising from non-compliance with these regulations are borne by the traveler, except if they are caused by the tour operator culpably providing incorrect or non-information (we refer to our travel information and FAQs on our website and the information from the Federal Foreign Office www.auswaertiges-amt.de & https://www.state.gov & https://bit.ly/3JyIr44. Ndoto Safari Ltd. is not liable for the timely issue and receipt of the necessary visas by the respective diplomatic representation - or required travel documents if the traveler has commissioned the tour operator with the procurement, unless the tour operator is responsible for the delay.
11. Insurance
For your own safety, please note that we recommend that you take out luggage, travel accident, travel health, travel liability and travel cancellation insurance. You can get these insurances individually or as a package from a wide variety of insurance providers
12.General
All information in the travel descriptions and itineraries is correct (January 2022). We reserve the right to correct errors, misprints and legal errors. The invalidity of individual provisions of the travel contract does not result in the invalidity of the entire travel contract.
Organizer
Ndoto Safari Ltd. Responsible: Malley Simon Gwandu
PO Box 11 221 Arusha – Tanzania
Telephone: +255 787 079 237
Email: info@ndoto-safari.com
Internet: www.ndoto-safari.com
Contact Office Germany: 0177 468 40 96
