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MAKING A BOOKING
On booking you enter a contract with the travel organizer.
The booking can either be written or verbally. The person making the booking takes
the responsibility for himself and all other names mentioned in the booking. Verbal
additional agreements must have written confirmation otherwise they are not binding.
As soon as the travel organizer receives the booking it is binding. The booking
needs no set form. Upon receipt of the booking the client will receive confirmation
from the travel organizer at once or shortly afterwards.
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PAYMENT
Down payments on the cost of the tour, as well as deposits, can only be accepted
on the condition that an insolveny certificate is issued according to § 65l k Paragraph
3 BGB (German Common Law Book).This insolveny certificate will be issued to the
client with the booking confirmation.
The deposit is 20% of the tour price. The balance payment must be met at least 8
weeks before the start of the tour. The pre-departure pack will be handed over or
sent to the client as soon as the balance payment has been received; however not
earlier than two weeks before tour begin.
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COVERAGE
What is included in the tour is detailed in the tour description and in the booking
confirmation.
We reserve the right to change any of the prices, services or other particulars
contained in the tour description at any time before we enter into contract with
you. If there is any change, we will notify you before we enter into such a contract.
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COVERAGE AND PRICE ALTERATIONS
We reserve the right to make any minor alterations to intineraries, travel or holiday
arrangements which become necessary after the client makes a booking as long as
they do not differ significantly from the original booked tour plan.
If the date of the tour booking is more than four months in advance of the actual
date of travel, we reserve the right to change any of the prices when circumstances
occur which were not apparent at the time of making the booking i.e. exchange rates.
Should costs for transport, charges, taxes, etc. be raised by local authorities
a surcharge is possible at any time. Should these charges raise the cost of the
tour by more than 10% the client has the right to withdraw from the contract and
all monies paid will be refunded. The client must inform the tour operator of a
withdrawal from contract within eight days after receipt of the price increase.
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ALTERATIONS & CANCELLATIONS
You may cancel your booking at any stage, provided you do so in writing. To protect
yourself against this eventuality you should ensure that you purchase travel insurance
at the time of booking. As administration costs are incurred by ourselves on handling
any booking, the following charges will apply:
- up to 57 days before departure: 5% of the total tour price, but at least Euro 100,-/per person (GBP 68)
- 56-33 days before departure 20% of total tour price
- 32 -15 days before departure 40% of total tour price
- 14-8 days before departure 60% of total tour price
- 7 days before departure 80% of total tour price
- The day before departure day and failing to turn up for the tour 100% of total tour prices
You may change your booking up to departure day by transferring it to another person
if you are unavoidably prevented from travelling, and the transferee meets any conditions
which may apply to the booking. The right to transfer is subject to payment of an
administration fee of GBP 50 per person (plus appropriate holiday insurance premium,
if applicable), together with all additional charges of whatever sort imposed by
the suppliers providing the component parts of the holiday charges.
Im Falle eines Rücktritts kann der Reiseveranstalter vom Kunden die tatsächlich
entstandenen Mehrkosten verlangen.
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UNUSED SERVICES
Should some of the services not be used the travel organizer will try to reclaim
some of the money paid.
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TRAVEL ORGANIZER’S LIABILITY
The travel organizer is liable for:
- a) Precise travel arrangements
- b) Careful selection and controlling of suppliers
- c) Services according to tour booking
The tour organizer does not take any responsibility for tours which have an expedition
character and which are slightly risky (i.e. height, climate, long journeys on bad
roads etc.), such as the programme for mountain climbing. The participants travel
at their own risk.
Limited Liability. The tour organizer is liable for damages, not personal
damages, limited to three times the amount of the total tour price:
- As long as the damage to the traveller came about neither intentionally nor through
negligence on the part of the tour organizer.
- As far as the damage to the traveller is caused by one of the suppliers. The
travel organizer is not responsible for disturbances in service which are caused
through external suppliers (i.e. sporting events, guided tours, trips etc.) as well
as external suppliers mentioned in the tour details or in the tour confirmation
(i.e. all trips and excursions organized by the tour guides are external suppliers).
Should transport be booked locally and a travel card be issued, this is classed
as an external supplier as described by the local transporter in their stipulations.
In this case the terms and conditions of the transport company apply and the travel
organizer is not liable for the carrying out of the transport service itself and
therefore also not for any late or non-arrival of transport and its consequences
as well as not for any loss or damage to baggage. In case the journey becomes difficult
due to force majeure not foreseeable at the time the tour was booked, the tour organizer
and well as the traveller can cancel the booking. Should the contract be cancelled
the travel organizer can claim compensation for the services already supplied or
what will still be supplied till the end of the tour.
Furthermore the travel organizer is responsible for organizing the necessary arrangements
to bring the traveller home. The extra costs for the home journey are to be divided
equally by both parties. All other extra costs are carried by the traveller.
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Obligation to Co-operate
The traveller is obliged according to legal stipulations to co-operate to avoid
or reduce any damage which may occur. The traveller is obliged to inform the local
travel guide at once about any complaints. If any faults are not reported the traveller
loses all claim to compensation.
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Disqualification from Compensation and Time Limits
All applications for compensation on behalf of the traveller must be registered
with the travel organizer within 4 weeks after completion of the tour. An extension
of this time limit is possible should the traveller not be able to meet this time
limit due to circumstances beyond his control.
All contractual compensation rights expire after six months. The expiry date starts
from the date that the tour ends according to the booking. If the traveller has
applied for compensation, expiration is suspended until the travel organizer sends
a written decline. Compensation for illegal dealings expires after three years.
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Passport, Visa, Customs, Currency and Health Regulations
The traveller is responsible for passport, visa, customs, currency and health regulations.
All drawbacks which result from not obliging by the statutory rules and regulations
will be the responsibility of the traveller apart from when false information was
given to the traveller from the travel organizer. The traveller is obliged to abide
by the laws of the country being visited and apply in time for visas. Should the
traveller neglect this obligation thus not enabling him to take part on the tour
the travel organizer is allowed to charge the traveller a relevant withdrawal charge.
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Airport, Security and Visa Charges
The above costs are not included in the price of the tour. As these costs are mainly
government controlled and subject to changes it is not possible for the travel organizer
to include the exact amount of these charges in the tour price. Therefore these
charges will be listed separately at the current rate at the time the travel organizer
issues the invoice for the tour.
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Insurance
Your travel price (including deposit) is insured through a bankruptcy insurance
with the r + V. (The German equivalent to ATOL). Travellers can take out an insurance
through the travel organizer. Furthermore you are also insured against accident
and damage to baggage through the aeronautical company in accordance to international
rules. Any damage or losses to luggage must be registered at once with the air carrier
as failure to do so results in loss of rights.
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Changes to Part of Travel Booking
Changes to part of the travel booking does not mean that the whole travel booking
is invalid.
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General
All information given here supercedes any previous announcements. Travel organizer
is Ornitravel or any other organizer mentioned in the detailed programme.
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Court of Law
The traveller can only sue the travel organizer in his homeland. Court of law for
ORNITRAVEL is Karlsruhe. All suings on behalf of the travel organizer against the
traveller will be conducted at the domicile of the traveller except when after the
booking was made by fully qualified traders or people change their address or normal
place of residence to abroad or whose domicile or normal place of residence was
not known at the time the charges were made. In this case the domicile of the travel
organizer will apply.
Dr. Koch Reisen, Karlsruhe
Dr. Nikolaus Koch