Terms & Conditions

1. Making a Payment

On booking you enter a contract with the travel operator. The booking can either be written or verbal (in person or telephone communication) or online (e.g. by e-mail). 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 operator receives the booking it is binding. The booking needs no set form. Upon receipt of the booking the client will receive confirmation in writing (letter or e-mail) from the travel operator at once or shortly afterwards.

2. Payment

Down payments on the cost of the tour, as well as deposits, can only be accepted on the condition that an insolvency certificate is issued according to § 65l k Paragraph 3 BGB (German Common Law Book).This insolvency 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 three weeks before the start of the tour. The pre-departure and information pack will be handed over or sent to the client as soon as the balance payment has been received; however not normally earlier than two weeks before the start of tour .

3. 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.

4. 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.

5. 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 • 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 90% of total tour price 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 £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.

6. Cancellation by Travel Operator

If the minimum number of participants required for a tour is not reached Ornitravel has the right to cancel the tour 21 days before due start of tour date.

7. Unused Services

Should some of the services not be used the travel operator will try to reclaim some of the money paid.

8. Travel Operator`s Liability

The travel operator is liable for: a) Precise travel arrangements b) Careful selection and controlling of suppliers c) Services according to tour booking The tour operator does not take any responsibility for tours which have an expedition character and which include some degree of personal/health safety risk (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 operator is liable for damages, not personal damages, limited to three times the amount of the total tour price: 1. As long as the damage to the traveller came about neither intentionally nor through negligence on the part of the tour operator. 2. As far as the damage to the traveller is caused by one of the suppliers. The travel operator 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 operator 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 operator and well as the traveller can cancel the booking. Should the contract be cancelled the travel operator can claim compensation for the services already supplied or what will still be supplied till the end of the tour. Furthermore the travel operator 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.

9. 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.

10. Disqualification from Compensation and Time Limits

All applications for compensation on behalf of the traveller must be registered with the travel operator 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 operator sends a written decline. Compensation for illegal dealings expires after three years.

11. 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 operator. 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 operator is allowed to charge the traveller a relevant withdrawal charge.

12. 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 operator 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 operator issues the invoice for the tour.

13. 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 operator. 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.

14. Changes to Part of Travel Booking

Changes to part of the travel booking does not mean that the whole travel booking is invalid.

15. General

All information given here supercedes any previous announcements. Travel operator is Ornitravel or any other operator mentioned in the detailed programme.

16. Court of Law

The traveller can only sue the travel operator in his homeland. Court of law for ORNITRAVEL is Karlsruhe. All suings on behalf of the travel operator 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 operator will apply.