General terms and conditions of geoDiscovery Tours
1. Scope of application
These general travel conditions apply to all contracts between geoDiscovery Tours (“gDT”) as the tour operator and the traveller (“customer”). When booking the trip, the customer is provided with the information required by law, in particular the form for the package tour, before the contract is concluded.
2. Conclusion of contract and services
2.1 By registering for the trip, the customer offers gDT the conclusion of a package tour contract on the basis of the travel advertisement on the gDT website or the individually created travel description and these general terms and conditions. Booking can be made orally, by telephone, in writing or in text form. It is carried out by the applicant for all participants listed in the registration, for whose contractual obligations the registering participant is liable as for his own obligations, provided that he has accepted this obligation by express and separate declaration.
2.2 The travel contract is concluded when gDT accepts the registration. gDT confirms the conclusion of the contract to the customer with the travel confirmation and invoice on a permanent data carrier for all participants (only in the case of Art. 250 § 6 Paragraph 1 Sentence 2 EGBGB in paper form) and sends the security certificate.
2.3 If the content of the travel confirmation deviates from the content of the registration, a new offer from gDT is available, to which gDT is bound for 10 days, if the pre-contractual information obligations are met. gDT will notify the customer of the deviation. The contract is concluded on the basis of the new offer if the customer explicitly or conclusively accepts it within the binding period, for example by making a deposit.
2.4 The scope of the contractually owed services results from the description of services in the travel advertisement in conjunction with the travel confirmation that confirms the conclusion of the contract.
2.5 The following applies to online bookings: The online booking process is explained to the customer on the gDT website. During the booking process, the customer can change or remove the desired trip at any time. By clicking on the “Next” button, he first gets to a page on which he can enter his data. The customer has the option of correcting his entries, deleting or resetting the online booking form. The booking can be made in German or English. When he has given all the information, a page opens where the customer can check his information and correct it if necessary. In order to abort the booking process completely, the customer can simply close his browser window; otherwise the booking continues. By clicking the button “book with obligation to pay”, the customer offers gDT a binding conclusion of the travel contract. Upon receipt of the travel registration, the customer receives an electronic confirmation of receipt, which does not yet constitute acceptance of the contract (confirmation of receipt). According to Section 2.2, the contract is concluded when gDT accepts the registration. This can also be done without prior confirmation of receipt by displaying the booking confirmation on the screen, so that the contract is then binding. The customer can save or print out this booking confirmation.
2.6 The customer must inform gDT immediately if he has not received the required travel documents (e.g. tickets or vouchers) within the period notified by gDT (but no later than 14 days before the start of the journey) or if the documents or flight tickets provide incorrect information, for example with regard to the customer’s personal data (e.g. name, address, date of birth).
2.7 Each customer is responsible for his / her timely appearance at the place of departure. This applies in particular to flights booked by yourself or to your own arrival. At airports, allow enough time for check-in, security checks and any health tests. In the case of international flights, the customer must be at the airport at least three hours before the departure time on the day of departure so that he has enough time for the check-in, any health tests and security checks, and he must take into consideration such a transfer time when booking flights himself. When booking Rail & Fly tickets, the customer also has the duty to cooperate with all national and international flights to ensure that he selects a train journey that allows him to arrive at the airport at least three hours before the departure time of his flight, so that he can be on time appear at the check-in counter, go through security or other controls, such as health checks, and take the flight at the gate.
3.1 After receipt of the travel confirmation with the security certificate, a deposit of 20% of the travel price is due and payable within 14 days of the invoice date. Any insurance policies booked are due for payment immediately. The deposit will be credited against the tour price.
3.2 The remaining payment is then due 28 days before the start of the trip and must be made if it is certain that the trip will be carried out, in particular that gDT can no longer cancel it in accordance with Section 8.1, and must be received by gDT without being asked. The customer can refer to the travel confirmation for the exact due dates of the deposit and final payment.
3.3 If the due down payment or the final payment of the travel price is not paid despite a reminder and a reasonable deadline for payment, gDT can withdraw from the contract and charge the customer with withdrawal costs based on the following clauses 5.2 and 5.3.
4. Price and contract changes after conclusion of the contract, rights of the customer
4.1 gDT reserves the right to unilaterally increase the travel price after the conclusion of the contract if the increase in the travel price results directly from an a) increase in the price for the transport of people due to higher fuel costs that actually occurred after the conclusion of the contract and was not foreseeable when the contract was concluded or other energy sources, b) an increase in taxes and other charges for agreed travel services, such as tourist taxes, port or airport charges, or c) a change in the exchange rates applicable to the package tour in question. In the cases mentioned, the travel price will be changed to the extent that the increase in the factors mentioned in a) to c) affects the travel price per person. If this is the case, gDT will immediately inform the customer on a permanent data carrier (e.g. by e-mail) about the price increase and its reasons, and inform the customer of the calculation of the price increase. A price increase is only effective if it meets the requirements mentioned here and the customer is informed no later than 20 days before the start of the journey. A price increase that is requested from the 20th day before the agreed departure date is ineffective. Express reference is made to gDT’s obligation to reduce prices in accordance with 4.2.
4.2 Since 4.1 provides for the possibility of an increase in the travel price, the customer can request a reduction in the travel price if and to the extent that the prices, duties or exchange rates mentioned in 4.1 under a) to c) have changed after the conclusion of the contract and before the start of the journey and this leads to lower costs for gDT. If the customer has paid more than the amount owed according to this, the excess amount is to be reimbursed by gDT. gDT may deduct the administrative expenses incurred from the excess amount to be reimbursed and, upon request, must provide the customer with evidence of the amount of administrative expenses incurred.
4.3 gDT reserves the right to unilaterally change contractual conditions other than the travel price after the conclusion of the contract if the changes are insignificant, do not affect the overall layout of the booked trip and are not brought about in bad faith (e.g. in the case of flight times changes of up to 3 hours, Route changes, change of tour guide / guide with the same qualification). gDT must inform the customer about the change on a permanent data carrier (e.g. by email, SMS) in a clear, understandable and highlighted manner. The change is only effective if it meets these requirements and is explained before the start of the journey.
4.4 Significant changes to the contract: If the price increase reserved in 4.1 exceeds 8% of the travel price, gDT cannot make it unilaterally. gDT can, however, offer the customer a corresponding price increase and demand that he (1) accepts the offer to increase the price or (2) declares his withdrawal from the contract within a period specified by gDT, which must be reasonable. The offer for a price increase cannot be made later than 20 days before the start of the journey. Can gDT procure the trip from a circumstance that occurred after the conclusion of the contract only with a significant change in one of the essential characteristics of the travel services (Art. 250 § 3 No. 1 EGBGB) or only with deviation from the customer’s special requirements that have become the content of the contract sentence 2 of this section 4.4 applies accordingly, d. H. gDT can offer the customer the corresponding other contract amendment and demand that the customer (1) accepts the offer to amend the contract or (2) declares his withdrawal from the contract within a period specified by gDT, which must be reasonable. The offer for such other changes to the contract cannot be made after the start of the journey.
4.5 gDT can, in its offer for a price increase or other contract amendment according to 4.4, optionally also offer the customer participation in another package tour (substitute travel) about which gDT has to inform the customer according to Art. 250 § 10 EGBGB.
4.6 After the expiry of a period specified by gDT in accordance with 4.4, the offer to increase the price or other amendments to the contract is deemed to have been accepted.
4.7 If the customer withdraws from the contract according to 4.4, § 651h Paragraph 1 Sentence 2 and Paragraph 5 BGB apply accordingly. Claims of the customer according to § 651i Abs. 3 Nr. 7 BGB remain unaffected.
5. Withdrawal by the customer before the start of the journey, cancellation compensation, rebooking, replacement persons
5.1 The customer can withdraw from the trip at any time before the start of the trip. The receipt of the declaration of withdrawal by gDT is decisive. It is therefore advisable to declare the withdrawal in writing or in text form (e.g. by email).
5.2 If the customer withdraws from the contract, gDT can demand appropriate compensation for the travel arrangements made and for its expenses. For this purpose, gDT has set the following compensation lump sums, which are based on the period between the declaration of withdrawal and the start of the trip, the expected savings in expenses for the organizer and the expected acquisition through other use of the travel services as a percentage of the travel price, depending on the time of the customer’s withdrawal, such as determine as follows:
- Up to 30 days before departure 20%
- from 29 to 22 days before departure 35%
- from 21 to 15 days before departure 40%
- from 14 to 7 days before departure 60%
- from 6 day to 1 day before departure 90%
- from the start of the journey / in the event of no-show 95%.
The following cancellation conditions apply to trips to Bhutan, Tibet, India and Kyrgyzstan:
- Up to 30 days before departure 25%
- from 29 to 15 days before departure 55%
- from 14 to 9 days before departure 65%
- from 8 days to 6 days before departure 75%
- from 5 to 1 day before the start of the journey / in the event of no-show 95%.
The following cancellation conditions apply to trips to Tanzania
- Up to 35 days before the start of the journey, 20% of the travel price
- from 34 to 30 days before departure 45%
- from 29 to 15 days before departure 55%
- from 14 to 6 days before departure 75%
- from 5 to 1 day before the start of the journey / in the event of no-show 95%.
The client is at liberty to prove that GDT has not suffered any damage at all or that the damage is significantly lower than the flat rates calculated above.
5.3 gDT reserves the right to demand higher, specific compensation instead of the above-mentioned flat rates and in this case will specifically quantify and substantiate the demanded compensation, taking into account the saved expenses and any other use of the travel services.
5.4 The customer has no legal right to rebooking. If, at the request of the customer, changes to bookings (changes in terms of travel date, destination, place of departure, accommodation or mode of transport) are to be made after booking the trip, gDT can charge a rebooking fee of up to € 50.00 per rebooking process. The customer can prove at any time that the rebooking did not cause any damage or only less damage than the above flat rate. If the rebooking is necessary because gDT has not complied with a pre-contractual information obligation, it is free of charge.
5.5 Within a reasonable period of time before the start of the journey, the customer can declare on a permanent data carrier (e.g. by email) that a substitute person will assume the rights and obligations of the travel contract instead. In any case, the declaration is timely if it is received by gDT no later than seven days before the start of the journey. gDT can object to the entry of the substitute person if he or she does not meet the contractual travel requirements. If a substitute enters the contract, they and the customer are jointly and severally liable to gDT for the travel price and the additional costs arising from the entry of the third party. gDT may only demand reimbursement of additional costs if and to the extent that these are reasonable and actually incurred. It must provide the customer with proof of the amount of additional costs incurred as a result of the replacement person joining.
6. Services not used by the customer; Customer’s duty to cooperate
6.1 If the customer does not use individual travel services duly offered by gDT for reasons for which the customer is solely responsible (e.g. due to early return, illness, inability to travel), there is no entitlement to a partial refund the travel price.
6.2 The customer is obliged to cooperate in the event of service disruptions within the framework of the statutory provisions on the duty to minimize damage, to avoid possible damage or to keep it low.
7. Travel Insurance
To cover travel cancellation and cancellation costs, gDT urgently recommends taking out travel cancellation insurance and can provide the customer (residing in Germany / Austria) with travel cancellation insurance or insurance to cover the costs of assistance including repatriation in the event of an accident or illness or convey death. The conclusion of a foreign travel health insurance with rescue costs is a prerequisite for the participation in the trips of gDT in order to ensure the rescue in rough terrain and in the mountains for the protection of the customer.
8. Withdrawal and termination by gDT
8.1 gDT can withdraw from the contract up to 28 days before the start of the trip because the minimum number of participants has not been reached and cancel the trip if it quantifies this number in the respective pre-contractual information (e.g. travel advertisement) and the time up to which before the contractually agreed start of the trip Traveler must have received the declaration of withdrawal at the latest, and specify the minimum number of participants and the latest withdrawal period in the travel confirmation. gDT must then declare the withdrawal immediately after becoming aware of the reason for the withdrawal.
8.2 gDT can also withdraw from the contract before the start of the journey if gDT is prevented from fulfilling the contract due to unavoidable, extraordinary circumstances. gDT must then declare the withdrawal immediately after becoming aware of the reason for the withdrawal.
8.3 If gDT withdraws from the travel contract after 8.1 or 8.2, it loses the right to the agreed travel price. Payments made on the travel price will be reimbursed to the customer.
8.4 If the traveller, despite a warning from gDT, persistently disturbs or behaves contrary to the contract to such an extent that a continuation of the contractual relationship with him until the agreed termination or the expiry of a period of notice is unreasonable or otherwise strongly contrary to the contract, gDT may without notice terminate the travel contract. In doing so, gDT retains the right to the travel price minus the value of saved expenses and, if applicable, reimbursements by service providers or similar advantages that it obtains from the other use of the unused service. Any additional costs for the return transport shall be borne by the disruptive party itself.
9. Obligations of the customer, remedy, setting a deadline prior to termination by the customer
9.1 In the unlikely event that you have any reason to complain or experience any problems with your trip whilst away, you must immediately inform your trip guide or our local agent (if we have one) and the supplier of the service(s) in question. Any verbal notification must be put in writing and given to our trip guide / local agent and the supplier as soon as possible. If any complaint or problem is not resolved to your satisfaction by the trip guide, local agent or supplier, you must contact us in Germany using the contact details we have provided you with during your trip, giving us full details and a contact number. If gDT was unable to remedy the situation as a result of a culpable failure to notify the customer, the customer is not entitled to assert the rights specified in Section (§) 651m of the German Civil Code (BGB) or to claim damages under § 651n of the German Civil Code (BGB). If the customer requests a remedy, gDT has to remedy the lack of travel. It can refuse remedial action if it is impossible or if it involves disproportionate costs, taking into account the extent of the lack of travel and the value of the travel service concerned. gDT can remedy the situation in such a way that it provides an equivalent or higher-quality replacement service. If gDT can refuse to remedy the defect and the defect affects a significant part of the travel services, gDT must offer remedial action through appropriate replacement services.
9.2 If a trip is significantly impaired as a result of a defect and gDT does not provide a remedy within a reasonable period, the customer can terminate the travel contract within the framework of the statutory provisions, whereby a written declaration is recommended for reasons of evidence. The customer does not need to set a deadline if the remedy is refused by gDT or if immediate remedy is necessary. If the contract is terminated by the customer, gDT retains the right to the agreed travel price with regard to the travel services provided and the travel services still to be provided at the end of the package tour; Claims of the customer according to § 651i Abs. 3 Nr. 6 and 7 BGB remain unaffected.
9.3 Damage to baggage, delays in delivery of baggage or loss of baggage in connection with flights must be reported within 7 days of loss of baggage and within 21 days of baggage delay after the baggage has been handed over for the purpose of claiming compensation under international agreements (e.g. MT). It is recommended that you report the loss or damage immediately to the responsible airline and also claim the damage in writing. In addition, the loss, damage or misdirection of luggage must be reported to the local tour guide or gDT if claims under travel law are asserted.
9.4 It is the responsibility of the customer to check or have checked before the trip, if necessary with the help of expert medical advice, whether participation in the trips of gDT, which lead into the high mountains and require safe step resistance when hiking, in view of his individual needs physical and psychological physical constitution with its specific content is compatible with its respective physical constitution.
10. gDT’s liability and limitation of liability
The contractual liability of gDT for damages that are not bodily harm and are not culpably caused is limited to three times the travel price. This limitation of liability does not apply to claims made under the Montreal Convention.
11. Duty to provide information about the identity of the operating airline
According to EU Regulation No. 2111/05, gDT is obliged to inform the customer about the identity of the respective airline company of all flight transport services that may be provided in the context of the booked trip when booking. If the operating airline or airlines have not yet been determined at this point in time, the organizer must name the airline (s) that are likely to carry out the air transport and immediately ensure that the customer is immediately informed of the identity as soon as this has been established or has been established. The same applies if the operating airline changes. The list published by the EU of airlines that are banned from flying in the EU can be found on the website https://ec.europa.eu/transport/modes/air/safety/air-ban_de.
12. Passport and visa requirements, health regulations
gDT informs the customer about the passport and visa requirements of the country of destination, including the approximate deadlines for obtaining a visa as well as health formalities (e.g. vaccinations and certificates required by the police) that are required for the trip and stay. The customer is responsible for obtaining and carrying the necessary travel documents and must ensure that his passport or identity card is sufficiently valid for the trip. The customer must also obtain and pay for any visas himself, gDT cannot take over this service.
13. Data protection, right of objection
13.1 gDT informs the customer about the processing of his personal data in the data protection declaration on the website and in the data protection notice when contacting us. When processing personal data, the organizer complies with the provisions of the BDSG and the GDPR. Personal data are all data that relate to a person personally (e.g. name, address, email address). This data is processed insofar as it is necessary for the appropriate processing of your inquiry, booking request, for the implementation of pre-contractual measures or for the performance of the contract arising from the travel contract.The data processing is permitted according to Art. 6 Para. 1 S. 1 lit. b GDPR for the stated purposes. The data will not be passed on to unauthorized third parties without the express consent of the customer. The customer has the option at any time to call up his stored personal data, to request information about it, to have it changed, corrected or deleted, to have its processing restricted, to object to its processing, to have it transferred or to contact a supervisory authority about the To complain about processing (all rights of Art. 15 to 20 GDPR). The data will be deleted if they are no longer required for the performance of the contract or if their storage is not permitted by law. If personal data are processed on the basis of legitimate interests in accordance with Art. 6 Paragraph 1 Clause 1 lit.f GDPR, the customer has the right to object to the processing of his personal data in accordance with Art that arise from his particular situation. The customer can exercise his right of objection by sending an email to firstname.lastname@example.org or contact us at the address below.
13.2 By sending a message to email@example.com, the customer can also object to the use or processing of his data for purposes of advertising, market or opinion research or for marketing purposes at any time free of charge.
14. Miscellaneous, information on online dispute resolution and consumer arbitration
14.1 Should one of the above provisions be or become ineffective, the remaining conditions will nonetheless remain valid and the validity of the travel contract will remain unaffected. German law applies exclusively to the entire contractual and legal relationship between the customer and gDT. If the customer is a merchant or legal entity under private or public law or a person who has their domicile or habitual abode abroad, or whose domicile or habitual abode is not known at the time the action is brought, the place of jurisdiction is agreed to be the registered office of gDT.
14.2 The European Commission provides a platform for online dispute resolution (OS) for the out-of-court settlement of consumer disputes for travel contracts concluded in electronic legal transactions, which the customer can find at https://ec.europa.eu/consumers/odr. gDT does not take part in a dispute settlement procedure before a consumer arbitration board and is also not obliged to participate in one. There is no internal complaints procedure.
Tour operator geoDiscovery Tours, owner: Ms. Gülüstan Kolay, Spitzsteinstraße 11, D-83209 Prien am Chiemsee/Germany, Telephone: +49 (0) 8051 961 5656, E-Mail: firstname.lastname@example.org, Homepage: www.geodiscoverytours.com
VAT ID: DE300425038.
Main features of the service: travel organization; Liability insurance: – geoDiscovery Tours / Gülüstan Kolay,
Spitzsteinstraße 11, D-83209 Prien am Chiemsee, Telephone: +49 (0) 8051 961 5656, R + V Allgemeine Versicherung AG – Raiffeisenpl. 1., D – 65819 Wiesbaden. Use of the webpage: liability for content, hyperlinks
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