General Terms and Conditions of Travel Amani Tours

I. General Terms and Conditions of Travel

  • These Terms and Conditions apply exclusively to Amani Tours (hereafter referred to as “Tour Operator”). Any conditions of the Traveler (hereafter referred to as “Customer”), that are contrary to or deviating from these Terms and Conditions will not be recognized, unless the Tour Operator has agreed expressly to their validity in writing. These Terms and Conditions of the Tour Operator shall also apply if the Tour Operator continues to carry out the service without reservation in knowledge of the conflicting terms or a deviation from the terms of the Customer.
  • The Tour Operator has the right, with permission from the Customer, to change these Terms and Conditions, providing that the changes in terms are reasonable for the Customer. The alterations shall be deemed to have been approved if the Customer does not object to the alterations within six weeks of receiving the notification of change.

II. Application, Tour Confirmation and Payment

  • The Customer will receive a customized tour offer from the Tour Operator in English (contractual language). When registering for a tour, the Customer offers to conclude a tour agreement with the Tour Operator orally, by telephone, in writing, by telefax, mail or electronically on the basis of the customized tour offer and these Terms and Conditions. The tour agreement will come into being by the acceptance of the Tour Operator, of which the Customer will be informed by the tour confirmation.
  • If not otherwise agreed upon a down-payment of 20 percent of the tour price shall be due and payable after the receipt of the tour confirmation. The down-payment will be offset against the complete tour price. The remaining payment (in terms of a short term booking: the complete tour price) must be received in the relevant account at the latest 30 days prior to the travel start date. The Customer pays any booked tour by wire transfer or credit card payment, of which the Tour Operator will inform the Customer about their payment options.

III. Specification and Change of Services

  • All services implied by the tour agreement can be taken from the list of services contained in the tour description in relation to the information of the individual tour confirmation.
  • If alterations to basic tour operator services becomes necessary after the agreement has been concluded and which were not caused by the Tour Operator contrary to good faith (for example hotel reservations or car rentals), said alterations will only be permitted if they are of the same or better value and do not impair the overall nature of the booked tour.

IV. Cancellation by Customer

  • The Customer may cancel the tour agreement at any time before the tour begins by written notice via email or fax to the Tour Operator. The determining moment will be the receipt of the cancellation by the Tour Operator. Any cancellation made by telephone must be followed up by a written confirmation from the Travelers. Upon notice of cancellation by the Travelers the Tour Operator will inform the Travelers of the estimated cancellation fees.
  • If the Customer cancels the tour agreement, the Tour Operator is entitled to require appropriate compensation for all travel services provided and any expenses accrued whose amount is in line with the value of the tour price. The Tour Operator may charge the compensation as a lump sum in proportion to the booking price, adjusted according to the Customer’s time of cancellation:

    - up to 30 days before travel start date a fee equal to the down-payment or 20%
    - 15-29 days before travel start date a fee of 30%
    - 7-14 days before travel start date a fee of 60%
    - 6 or less days until travel start date and in the event of no-show a fee of 90%

    The Customer is advised to take out travel cancellation insurance. The Customer is free to prove by providing relevant documentation that damage has not been caused at all or is considerably lower than the value calculated as a lump sum.

    The Tour Operator has the right to charge the Customer for a higher compensation instead of the aforementioned cancellation fees. In that case the Tour Operator will communicate directly with the Customer and provide relevant documentation to support its claim.

V. Termination of Agreement due to Force Majeure

  • If the tour is rendered considerably more difficult, and/or is threatened or impaired by force majeure (Acts of God) that is unforeseeable at the time of conclusion of the tour agreement, both the Tour Operator and the Customer may cancel the agreement. The Tour Operator may request appropriate compensation for those Tour Operator services provided or those yet to be provided.
  • The Tour Operator is obliged to take the necessary steps, in particular, if the tour agreement implies return transport, in order to transport the Customer back home. Any additional costs for return transport have to be paid by the Tour Operator and the Customer in the amount of half each. However, any other additional costs will be borne by the Customer.

VI. Obligations, Remedies and Setting of Deadlines before Cancelling by Customer

  • The Customer is required to notify the local tour representative or the Tour Operator himself and request remedies from the respective person. Therefore, the Tour Operator has provided the Customer with the aforementioned emergency telephone number, found with the Tour Operator contact information in this document. The Tour Operator may decline such remedy if this requires disproportionate expense. It may provide remedies in the form of a substitute service of a similar or a lower value.
  • If a tour is considerably affected as the result of a deficiency and if the Tour Operator fails to provide a remedy within a reasonable time period to be set forth by the Customer, the Customer may cancel the trip agreement. The Customer is not required to set a deadline if remedies are impossible or if refused by the Tour Operator or if immediate cancellation of the agreement is justified by special interests on the part of the Customer.
  • Customers must inform the Tour Operator with any complaints related to any of the provided services on the spot and during the program to allow the Tour Operator to solve. Any quality or service related complaints will not be accepted once the tour is over.

VII. Liability of the Tour Operator and Limitation of Liability

  • The contractual liability of the Tour Operator for any damage not being physical injury is limited to three times the tour price per tour and per Customer provided the Customer’s damage was caused neither with willful intent nor by gross negligence or in the case that the Tour Operator is solely responsible for injury to the Customer due to the fault of a subcontractor. The Tour Operator’s liability for all damage claims for property damage based on tortious liability not due to willful intent or gross negligence is limited to three times the tour price per Customer and per tour. The aforementioned liability restrictions do not apply to any claims in connection with travel luggage pursuant to the Montreal Convention. The Tour Operator recommends that the Customer purchase travel insurance for their tour.

VIII. Obligation to cooperate on the part of the Customer

  • In the event that Tour Operator services should be disrupted, the Customer is obliged within the provisions of law concerning the mitigation of damages to avoid any possible damage or to keep it as low as possible.

IX. Periods of Notification, Exclusion and Expiry of Claims, Prohibition of Assignment

  • All claims for contractual remedies and damages have to be notified by the Customer within one month following the contractual end of the tour under the Tour Operator´s official address which has been given to the Customer with the individual tour confirmation. After the expiry of the one month time period the Customer can submit a claim only if he was prevented from asserting it without any fault.
  • Notwithstanding the aforementioned time period, claims for the damage, the delay or the loss of travel luggage related to flights are to be notified in order to claim damages pursuant to international treaties within seven days in case of the loss of luggage and within 21 days in case of the delay of luggage after its handing over. It is recommended that the loss of, the damage or the misdirection of travel luggage is to be notified to the relevant Airline immediately, as well as make the claim in writing.
  • Contractual claims by Customers arising from the tour agreement will expire in one year in the case of property or financial damage, if the Customer’s damage has neither been caused by the breach of a duty of care by the Tour Operator himself by gross negligence nor by the breach of a duty of care performed by its agent or its legal representative with willful intent or by gross negligence. The expiry period will begin on the day following the contractual end of the tour. Claims arising from unlawful acts and all claims for compensation for physical injury will be subject to the statutory expiry period.

I. Data Protection

  • The personal information provided by the Customer to the Tour Operator will be processed and used electronically if they are required for establishing, carrying out or finishing the tour agreement and for purposes of Customer care. Amani Tours shall keep any information acquired from the customer as a business secret and shall not pass his/her personal data to any unauthorized third parties without the customer’s consent.

II. Pass and Visa Requirements, Health and Police Regulations

  • The Tour Operator will inform citizens of a member state of the European Union (EU) in which the vacation is offered about passport and visa requirements and health formalities, e. G. vaccinations required by the police and medical certificates, necessary for the journey and the stay. The responsible embassy or consulate will provide information to citizens of other countries.
  • The Customer is personally responsible for adhering to all regulations relevant to the performance of the travel. All drawbacks arising from failure to follow these regulations, e. g. the payment of cancellation costs, will be the responsibility of the Customer except if they are due to culpably incorrect information or failure by the Tour Operator to provide information. In particular, customs and foreign exchange regulations are to be adhered to abroad.
  • The Customer is personally responsible for obtaining and carrying the necessary travel documents and must ensure him or herself that his or her passport or national identity card is valid as required for the specific vacation. If the Customer has appointed the Tour Operator to apply for official documents such as a visa on his or her behalf, the Tour Operator will not be responsible for the timely issue of these documents by German or foreign authorities; it will only be responsible if it breaches its own obligations and is responsible for the delays itself.

III. Miscellaneous

  • If one or more of these Terms should be or become invalid, this shall not affect the validity of the remaining Terms. In the case of invalidity of one or more individual provisions, the parties undertake to replace such invalid provisions with legally valid provisions that correspond as closely as possible to the legal and economic intent of the invalid provisions