General Terms and Conditions

1. Preface
On making his registration, the traveller makes a binding declaration that he and all other persons travelling with him, whom he is registering, have the fitness required to perform the trekking tour and the skills needed for the trek (e.g. in mountaineering, rock climbing, etc.).

2. Conclusion of the travel contract/Obligations of the customer
2.1 The following terms apply to all forms of booking:
a) The booking is based on the tour itinerary and supplementary information provided by the tour operator for each tour, provided these are available to the customer at the time the booking is made.
b) The customer shall be as responsible for all the contractual obligations of persons travelling with him and for whom he has made the booking, as he is for his own, insofar as he has assumed this obligation by express and separate declaration.
c) If the content of the tour operator’s declaration of acceptance differs from the content of the booking, this shall constitute a new offer by the tour operator to which it is bound for a period of ten days. The contract is concluded on the basis of this new offer if the customer explicitly informs the tour operator of his acceptance of the offer by declaration or payment within the commitment period.

2.2 The following terms apply to bookings, which may be made by telephone, post, email, or fax:
a) By making the booking (tour registration) the customer makes a binding offer to the tour operator to conclude the tour contract.
b) The contract becomes effective on the receipt of the booking confirmation (declaration of acceptance) by the tour operator. It does not require any specific form. On, or as soon as possible after, the conclusion of the contract, the tour operator will send the customer a confirmation of the tour in writing or in text form.

2.3 In the case of e-commerce reservations (via the Internet), the following shall apply to the conclusion of the contract:
a) The customer is informed about the online booking procedure on the relevant webpage.
b) Options are available for the customer to correct his entries, or to delete or reset the entire online booking form; the use of these options is explained.
c) The online booking can be made in the following languages: German, English
d) If the contract is saved by the tour operator, the customer will be informed of this and of the possibility for later retrieval of the contract.
e) By clicking on the button “Book Now” the customer is making a binding offer to the tour operator to conclude a tour contract.
f) The customer will receive immediate electronic confirmation of the receipt (confirmation of receipt) of his booking (tour registration).
g) The submission of a booking (tour registration) by clicking on the button “Book Now” does not constitute a customer’s right to the conclusion of a travel contract that corresponds to his booking (tour registration). The contract is concluded on the receipt by the customer of the tour operator’s booking confirmation, which does not require any specific form and can be made by email, fax, or post.
h) If the booking confirmation is made immediately after pressing the “Book Now” button by the direct presentation of the booking confirmation on the screen, the travel contract is concluded by this presentation of the booking confirmation without the need for an intermediate confirmation of the receipt of the booking. In this case the customer is offered the option of saving and printing the booking confirmation. The obligations under the tour contract are not dependent on whether the customer actually makes use of the saving or printing options.

3. Payment
3.1 The tour operator may only demand or accept payments towards the price of the tour before the completion of the tour if the customer has been given a secured payment certificate.
Please note that as a general rule travel agents (travel bureaus) are not authorized by us to accept payments towards the price of the tour.
After conclusion of the contract, a deposit of 20% of the price of the tour becomes due for payment in return for the issuing of the secured payment certificate. The remaining payment is due 28 days prior to departure, provided that the secured payment certificate has been issued.
3.2 If the customer fails to pay the deposit and/or the remaining balance in accordance with the agreed payment dates, the tour operator is entitled, after issuing a reminder with a deadline, to withdraw from the contract and to charge the customer for the costs of withdrawal (cancellation fees) in accordance with Section 5 of these conditions.

4. Service and price changes
4.1 Changes that become necessary to essential services agreed in the tour contract after the contract has been concluded and which are not the result of the tour operator’s failure to act in good faith are permitted only if the changes are not substantial and do not affect the overall character of the tour.
Specified flight, transfer, and travel times are approximate times and are subject to change, insofar as they are necessary and reasonable for the traveller.
4.2 Any warranty claims remain unaffected if the altered services are defective.
4.3 The tour operator is obliged to inform the customer of significant changes to the service and of the reason for such changes without undue delay.
4.4 In the event of a substantial change to an essential tour service, the customer is entitled to withdraw from the tour contract without charge or to request to join a tour of at least the same value, if the tour operator is able to offer such a tour from its range without additional cost to the customer. The customer has to exercise these rights with the tour operator without undue delay after being informed by the tour operator of the change to the travel service or the cancellation of the tour.

4.5 Price increases
If the customer has booked a tour more than four months in advance of the contracted start of the tour, geoDiscovery Tours reserves the right, in accordance with the provisions of Section 651a (4) and (5) of the German Civil Code [BGB] to change the agreed tour price for the following reasons and in the following manner:
a) price increases are permitted due to increases in transport costs, increases in taxes (such as port and airport fees), or to changes in exchange rates related to the tour in question, which occur after the conclusion of the contract
b) Increased transport costs are passed on, on the basis of seating, while tax increases are applied pro rata per person. If there is a change in exchange rates, after conclusion of the tour contract, the price of the tour can be increased to the extent that the actual tour becomes more expensive for geoDiscovery Tours.
If there is a subsequent change in the tour price, geoDiscovery Tours must inform the customer without undue delay. The customer shall only be subject to such changes up to the 21st day before the tour start date.

4.6 If there is a significant change to an essential tour service or a price increase of more than 5%, the customer will be entitled to withdraw from the contract without charge, or the customer can request to join a tour of at least the same value, if geoDiscovery Tours is able to offer such a tour from geoDiscovery Tours’ range without additional cost to the customer. The customer has to exercise these rights with geoDiscovery Tours without undue delay after being informed by geoDiscovery Tours.

5. Cancellation by the customer prior to the tour start date/Cancellation charges
5.1 The customer can withdraw from a tour at any time prior to the tour start date without giving a reason. The cancellation must be submitted to the tour operator at the address provided in Section 21. The cancellation must be in writing and delivered by post, fax, or email.

5.2 If the customer withdraws before the tour start date or does not join the tour, the tour operator loses the right to the tour price. Instead, the tour operator can demand a reasonable cancellation fee to cover the travel arrangements made up to the time of withdrawal and his expenses, depending on the actual tour price, so long as the cancellation is not attributable to him and is not a case of force majeure.

5.3 The tour operator has created a sliding scale for this cancellation fee over time, i.e. by calculating it as a percentage of the tour price depending on the proximity of the time of withdrawal to the contractually agreed tour start date: the cancellation shall also take account of any expenses saved under normal circumstances and the opportunity, under normal circumstances, to find other uses of the tour services. The cancellation fee shall be calculated from the date of the receipt by the tour operator of the customer’s notification of cancellation, as follows.

The cancellation cost is calculated per customer (for all tours except tours to Bhutan):
up to the 46th day before the tour start date -> 20% of the total tour price
from the 45th to the 30th day before the tour start date -> 25% of the total tour price
from the 29th day to the 15th day before the tour start date -> 35% of the total tour price
From the 14th to the 7th day before the tour start date -> 50% of the total tour price
from the 6th day prior to the tour start date and thereafter, the cancellation fee shall comprise 85% of the total tour price.

For Bhutan and Indian Tours the following cancellation costs shall apply per customer:
up to the 30th day before the tour start date -> 45% of the total tour price
from the 29th day to the 15th day before the tour start date -> 55% of the total tour price
from the 14th  to the 9th day before the tour start date -> 65% of the total tour price
from the 8th to the 6th day before the tour start date -> 75% of the total pricefrom the 5th day before the tour start date and thereafter, the cancellation fee shall comprise 95% of the total tour price.

5.4 The customer has the right to demonstrate to the tour operator that in a specific individual case the tour operator has not suffered any damages or incurred any expenses, or that the damages suffered or the expenses incurred are significantly less than the lump sum demanded by the tour operator.

5.5 The tour operator reserves the right to demand a higher, specific cancellation fee than the lump sums listed above, if the tour operator can prove that he has incurred much higher expenses than the applicable lump sum for the case in point. In this case, the tour operator is obliged to calculate the required cancellation fee by taking account of any saved expenses and any possible other use of the tour services, and to provide evidence thereof.

6. Finding a replacement traveller
Under Section 651b of the BGB, the customer may, prior to the start of the tour, demand that a third party takes over the rights and duties under the tour contract in his place.
geoDiscovery Tours may object to such taking over of the contract by a third party if the third party does not satisfy the specific tour requirements or if the participation of the third party is contrary to statutory regulations or official directives.
If the contract is transferred, the original traveller and the replacement traveller are jointly and severally liable for the price of the tour and for any additional charges incurred by the third party taking over the contract.

7. Booking changes
The customer does not have the right to request changes to the tour dates, destination, point of departure, accommodation, or means of transport (booking changes) made after conclusion of the contract.
geoDiscovery Tours will endeavour as far as possible to meet requests for changes, but the customer will be responsible for any additional costs incurred.

8. Unused services
If the traveller does not make use of individual services that have been properly offered to him as part of the tour for reasons under his control (such as a different leisure activity or early departure), he is not entitled to any pro rata refund of the tour price.

9. Cancellation by the tour operator for not achieving the minimum number of participants
The tour operator may cancel the tour contract if he fails to achieve the advertised minimum number of participants if he has
a) specified in the tour itinerary the minimum number of participants and the latest date prior to the contractually agreed departure date by which the customer will be informed of the cancellation, and
b) indicated the minimum number of participants and the latest cancellation date in the travel package confirmation, or has referred in this confirmation to the corresponding information in the tour itinerary.
A cancellation shall be submitted to the customer no later than 30 days prior to the scheduled tour start date.
If it is already clear at an earlier date that the minimum number of participants cannot be reached, the tour operator must exercise his right of cancellation without undue delay.
If the tour is cancelled due to insufficient participants, the customer is to be reimbursed without undue delay for all payments made towards the price of the tour.
In the event of cancellation due to the aforementioned grounds, the tour operator is not responsible for any refunds for external services, such as flights, which are not part of the range of services offered by the tour operator and which the customer has booked/purchased from third parties.

10. Termination on the grounds of misconduct
The tour operator may terminate the tour contract without notice if the traveller, despite a warning by the tour operator or the local trek guide, displays his unsuitability for the tour he has booked by being persistently disruptive (either physically or psychologically, for example), or if he behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified.
If the tour organizer makes this termination, he retains the right to the tour price. He must, however, give credit for the value of saved expenditures and other financial benefits he obtains from a different use of unused services, including any amounts refunded by service providers.
A previous warning with a deadline is not required if the traveller cannot establish (or restore) his suitability to participate in the travel package within a reasonable time.

11. Complaints
11.1 The traveller is obliged to notify the tour operator without undue delay of any complaints that arise during the tour. If he deliberately fails to do this, no reduction in the travel package price is applicable.
This does not apply if such notice is clearly pointless or is unreasonable for some other cause.
The traveller is obliged to notify the tour management at the tour destination of any complaints without undue delay. If there is no tour management at the tour destination, any complaints in the tour must be reported to the tour operator at the tour operator’s place of business.
The customer shall be informed about how to contact the tour management and the tour guide in the travel package documents.
The tour guide is authorised to take remedial action, to the extent possible. However, he is not authorized to recognize claims.
The tour operator is entitled to take remedial action in a way that will produce an equivalent replacement service.
In the event of disruptions to the service, the customer is obliged to cooperate, within the limits of statutory provisions, in preventing any possible damage or in keeping any such damage as small as possible.

11.2 Formal notice before termination
If a customer/traveller wishes to cancel the tour contract under Section 651e of the BGB due to a complaint of the type described in Section 651c of the BGB or for significant reasons of unacceptability, which are recognized by the tour operator, he must first give the tour operator a reasonable period in which to take remedial action. This does not apply if a remedy is impossible, is refused by the tour operator, or if the immediate termination of the contract is justified by a particular interest of the customer, which is recognized by the tour operator.

11.3 Damage to luggage and baggage delays
In the event of damage or delays to baggage during flights, the organizer urges the traveller(s) concerned to inform the responsible airline on the spot and as soon as possible by means of a Property Irregularity Report (PIR). Airlines generally refuse to make reimbursements if the claim form has not been filled out. The claim form must be submitted within 7 days in the case of damage to luggage and within 21 days in the case of baggage delays.
In addition, the loss of, damage to, or misdirection of baggage is to be reported to the tour guide or tour operator without undue delay, so long as the damage, misdirection, or delay is related to services that have been booked with the tour operator.

11.4 Travel documents
The customer must inform the tour operator without undue delay if he does not receive the required travel documents (e.g. tickets for accommodation or domestic flights) within the time period indicated by the tour operator.

12. Limitation of liability
12.1 The contractual liability of the tour operator for damages other than personal injury (damage to health, physical injury, death) is limited to three times the price of the travel package, if
a) the damage suffered by the traveller was not caused by intent or gross negligence or
b) the tour operator would be solely responsible for damage caused to the traveller through the fault of a service provider. Any possible additional claims under the Montreal Convention and the German Air Traffic Act [Luftverkehrsgesetz] are unaffected by this limitation.

12.2 The tour operator is not liable for impairment of performance, personal injury, and material damages related to services which have been arranged solely as external services, if these services have been clearly indicated as external services, specifying the contract partner, in the tour itinerary and in the booking confirmation, to the extent that they can be seen by the traveller as not being part of the tour services offered by the tour operator.
However, the tour operator is liable for services that include the transportation of passengers from the advertised place of departure of the tour to the specified destination, interim transportation during the tour, and accommodation during the tour, if and to the extent that an injury to the passenger has been caused by a breach of the obligations to inform, explain, or organise on the part of the tour operator.
All and any excursions, transport services, sports activities, and hire cars which are provided by the local tour management from within its own organization and on its own account or by independent third parties at the tour destination and which are booked locally by the customer, do not form part of the tour agreed between the customer and geoDiscovery Tours: geoDiscovery Tours bears no liability for such services. This also applies to excursions that geoDiscovery Tours only suggests might be worthwhile or interesting in the tour itinerary.

12.3 If a tour service to be provided by a service provider is subject to international conventions or is based on statutory provisions, under which a claim for damages can only be made or asserted under certain conditions or may be excluded under certain conditions, geoDiscovery Tours will also be able to refer to this with respect to the traveller.

13. Assertion of claims: addressee, time period, limitation; prohibition of assignment
13.1 The customer/traveller must file any claims for tour deficiencies in accordance with Sections 651c to 651f of the BGB, at the latest within one month after the contractually agreed end of the tour (cut-off period). The date of receipt by the tour operator is decisive.
13.2 The period begins on the day following the day of the contractually designated end of the tour. If the last day of the period falls on a Sunday, a holiday or a Saturday, the next working day takes the place of such a day.
13.3 The assertion of claims can be made to the tour operator during this period at the address given in Section 21 below.
13.4 The customer/traveller may only assert claims after the deadline if he was prevented from meeting the deadline by reasons beyond his control.
13.5 The duty to notify airlines and other transport companies remains unaffected by this.

14. Period of limitation
14.1 Claims by the customer/traveller for tour complaints in accordance with Sections 651c to 651f BGB lapse after one year; claims made on the basis of bodily injury due to tour defects lapse after two years.
14.2 The period of limitation begins on the day following the day of the contractually scheduled end of the tour. If the last day of the period falls on a Sunday, a holiday or a Saturday, the next working day takes the place of such a day.
14.3 If negotiations are pending between the customer/traveller and the tour operator regarding the claim or the circumstances giving rise to the claim, the limitation period is suspended until the customer/ traveller or the tour operator refuses to continue the negotiations. The limitation period shall expire no earlier than 3 months after the suspension ends.

15. Information requirements concerning the identity of the operating airlines
The EU aviation regulation on informing passengers on the identity of the operating airline obligates the tour operator to inform the customer about the identity of the operating airline for all air transportation services that form part of the booked tour at the time the booking is made.
If the operating airline has not yet been established at the time the booking is made, the tour operator is obliged to inform the customer of the airline or airlines which are likely to operate the flight. The tour operator shall inform the customer as soon as he knows which airline will operate the flight.
The tour operator shall inform the customer if there is a change to the named operating airline. He must, without undue delay, take all appropriate steps to ensure that the customer is informed as soon as possible about the change.

The “Black List” is available on the following website:
http://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm

16. Passport, visa, and health regulations
16.1 The tour operator provides information on its website regarding the passport, visa and health regulations for nationals of countries of the European Union in which the travel package is offered, and will inform travellers about any changes before the departure date. The relevant consulate can provide information for citizens of other states. It is assumed that there are no special features in the person of the traveller (e.g. dual citizenship).
16.2 The customer is responsible for obtaining and carrying with him the travel documents required by the authorities, any necessary vaccinations, and for complying with customs and currency regulations. The customer is solely responsible for any repercussions that may arise from a failure to abide by these instructions. This does not apply if the tour operator has failed to meet his obligation to inform, or has met this obligation inadequately or incorrectly.
16.3 The tour operator is not liable for the timely issue and receipt of necessary visas from the respective diplomatic representative if the customer has entrusted him with their procurement, unless the tour operator has culpably violated his own obligations.
16.4 We recommend that you inquire in good time about additional vaccinations, i.e. vaccinations that are required for the tour, and sensible infection protection and vaccination measures. Such information is available from sources like public health departments, doctors, and tropical medicine specialists.

17. Notifying termination due to force majeure by the traveller or the tour operator
In order to terminate the tour contract due to force majeure, reference should be made to the statutory provisions in Section 651j of the BGB:
(1) If the travel package is substantially obstructed, jeopardised, or impaired as the result of force majeure, which was not foreseeable when the contract was concluded, then both the tour operator and the traveller may terminate the contract under this provision alone.
(2) If the contract is terminated under subsection (1), then the provisions of section 651e (3) sentences 1 and 2 and 651e (4) sentence 1 shall apply. Extra costs for return transport are to be borne by the parties in the proportion of one-half each. Apart from this, extra costs are borne by the traveller.

18. Travel insurance’
We require each individual traveller to have overseas health insurance (including rescue costs) in order to participate in our tours. The insurance certificate is to be presented to the tour operator and the local trek guide on request.
Furthermore, we advise our customers that it is possible to take out travel cancellation insurance, and that insurance can be taken out that covers repatriation costs in case of accident or illness. This sort of insurance and travel cancellation insurance can, for example, be obtained from Europäische Reiseversicherung AG, Rosenheimer Straße 116 81669 München, at www.reiseversicherung.de/vrv/,

19. Choice of law and jurisdiction
The law of the Federal Republic of Germany, with the exclusion of the UN Sales Convention (CISG), shall apply to these terms and conditions and to the entire legal relationship between us and our contractual partners.
The applicability of mandatory legal provisions of the state in which the customer had his habitual residence at the time of concluding the contract remains unaffected by this choice of law.
If the customer/contractual partner is a registered merchant under German law, a legal entity under German public law, or a special fund under German public law, the place of jurisdiction for any disputes arising from the business relationship between us and the customer is Vlotho. Mandatory statutory provisions on exclusive jurisdictions shall remain unaffected by this provision.

20. Severability clause/Written form
The invalidity of individual provisions in these general tour conditions does not invalidate the conditions as a whole. The invalid clause shall be replaced by the legally valid regulation which comes closest in economic and legal terms to what the parties intended with the original regulation.
If the contract or these general tour conditions contain regulatory gaps, such gaps shall be filled by such legally valid provisions as are agreed, which the parties would have agreed in line with the economic purpose of the contract and the purpose of the general tour conditions if they had known about the regulatory gap.
There are no supplementary verbal agreements. Amendments and supplements to this contract must be in written form. This also applies to a waiver of the written form requirement.

21. Provider identification and address for the service of summonses/Legal notice
Our address for complaints and all other declarations of intent, as well as our contact address is:

geoDiscovery Tours
Owner: Gulustan Kolay
Königsberger Str. 14
32602 Vlotho, Germany

Subsidiary
Zweigniederlassung
Weinsteige 26
97996 Niederstetten, Germany 

Tel: + 49 (0) 5733 8776779
Fax: +49 (0) 5733 8715-394
info@geodiscoverytours.com
www.geodiscoverytours.com

22. Use of the webpage: liability for content, hyperlinks
We are responsible under German law for our own content on our web pages.
We have provided the information on this website with care, and endeavour to check it regularly. However, we cannot take any responsibility for its accuracy, timeliness, completeness, and current availability. Binding information, advice, recommendations or explanations will only be given through individual communication.’
We reserve the right to change, expand, reduce, or even cease to publish our website at any time. We also do not guarantee that the content on our website is suitable for the user and his purposes.
Our website includes links to external third party websites over whose content we have no control. Only the provider of the linked pages is responsible for their content.


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