GENERAL TERMS AND CONDITIONS FOR TRAVEL CONTRACTS

§ 1 Scope

1. The following general terms and conditions form the basis for all travel contracts between Andree’s Angelreisen (owner Ralf Andree), Niederseelbacher Str. 47, 65527 Niedernhausen (tour operator) in business dealings with consumers and entrepreneurs (travelers).
2. They pertain to the commercial interaction between the tour operator and the traveler, as per the version valid at the time of contract conclusion.
3. Deviation from the general terms and conditions of the traveler will not be acknowledged unless the tour operator expressly agrees to their validity in writing. Any differing terms and conditions are explicitly contradicted herein.

§ 2 Conclusion of the travel contract

1. Upon registration, the traveler submits a binding offer to the tour operator to enter into a travel contract.
2. Registration can be completed in writing, verbally, by telephone, or by email. The applicant undertakes registration on behalf of any additional participants named in the application, for whom the applicant assumes contractual responsibilities, in addition to their own obligations. This is contingent upon the applicant making a separate, explicit declaration to that effect.
3. The contract is finalized upon receipt of the tour operator’s acceptance declaration, which does not necessitate a specific form. The tour operator will promptly provide you with a written travel confirmation immediately upon or following the conclusion of the contract.
4. If the content of the travel confirmation differs from that of the registration, it constitutes a new offer from the tour operator. The tour operator is obligated to this offer for a period of 10 days. The contract is finalized upon the traveler’s acceptance of this new offer within the specified timeframe.

§ 3 Payment

1. The tour operator may only demand or accept payments for the travel price before the end of the trip if the security certificate has been provided to the traveler. Upon conclusion of the contract, a deposit of 20% of the travel price is required upon delivery of the security certificate. However, the tour operator retains the discretion to request a lower or no deposit. The tour operator will inform the traveler of the exact amount of the deposit required before finalizing the contract or specify if no deposit is necessary. The remaining payment is due four weeks before the start of the trip, provided that the security certificate has been provided and the trip can no longer be canceled for reasons outlined in § 10, paragraph 2.
2. If the trip does not exceed 24 hours in duration, does not involve an overnight stay, and the travel price does not exceed €75, the full travel price remains the same even without the requirement of providing a security certificate.

§ 4 Services

The services that are contractually agreed upon can be found in the service descriptions provided in the catalog and brochure, as well as the corresponding information included in the travel confirmation.

§ 5 Changes to services

1. Changes or deviations in individual travel services from the agreed content of the travel contract, which become necessary after the conclusion of the contract and are determined by the tour operator, are permissible only to the extent that they do not contradict good faith and are reasonable for the traveler. This includes situations where the changes or deviations are not significant and do not alter the overall nature of the booked trip.
2. Warranty claims remain unaffected if the altered services have defects.
3. The tour operator is obligated to promptly inform the traveler of any changes to services or deviations. If necessary, they will offer the traveler the option to rebook or cancel free of charge.
4. In the event of a significant change to a fundamental travel service, the traveler is entitled to withdraw from the travel contract without incurring any fees. Alternatively, they may refuse participation and demand at least an equivalent trip if the tour operator is capable of providing such an alternative at no additional cost to the traveler.
5. The traveler must assert these rights immediately after the tour operator has notified them of the change to the travel service.

§ 6 Cancellation by the traveler

1. The traveler can withdraw from the trip at any time before its commencement. Withdrawal must be communicated to the tour operator. The definitive factor is the receipt of the withdrawal declaration by the tour operator. It is recommended that the traveler submit the withdrawal in writing.
2. If the traveler withdraws from the travel contract before the trip commences or fails to commence the trip, the tour operator forfeits the right to the agreed-upon travel price. In such instances, the tour operator may demand compensation for the travel arrangements made and their expenses, provided that the withdrawal is not due to their responsibility or a case of force majeure. When calculating the compensation, saved expenses and potential alternative uses of the travel services are taken into account.
3. The tour operator can make a claim for compensation, considering the following structure based on the proximity of the time to the contractually agreed start of the trip, a percentage of the travel price in accordance with the regulations outlined in § 7. The traveler is free to demonstrate to the tour operator that this caused less or no damage.
4. The tour operator’s right to compensation, in accordance with the above provisions, ceases if unavoidable damage occurs at the destination or in its immediate vicinity, or if extraordinary circumstances arise that significantly affect the implementation of the package tour or the transportation of people to the destination.

§ 7 Amount of damages

1. The amount of compensation to be paid in each individual case is determined in accordance with letters a) – j), plus a processing fee of €25 per person, if a different amount is not specified in the respective offer, travel contract, or travel confirmation (applicable to individuals over 2 years old):
2. a) Scheduled flights: We charge the fees imposed by the airlines.
3. b) Holiday homes, holiday apartments, and hotels: Up to the 85th day before departure, 25% of the rental price; from the 84th to the 41st day before departure, 50%; from the 40th day before the start of the trip, 90% of the rental price.
4. c) Boat charter in Kenya: Up to the 61st day before the start of the trip, 50%; from the 60th to the 31st day before the start of the trip, 70%; from the 30th day before the start of the trip, 90% of the rental price.
5. d) Group trips: 90%, provided that the place cannot be sold elsewhere despite our reasonable efforts.
6. If you have combined multiple services with individual prices (e.g., ferry and holiday home), the cancellation fees must be determined individually and then totaled.
7. For safaris, we impose the cancellation fees required by the service providers.
8. The traveler’s right to transfer the contract in accordance with Section 651e of the German Civil Code remains unaffected.

§ 8 Rebooking

1. If, at the traveler’s request, changes are made to the travel date, destination, place of departure, accommodation, or type of transport (rebooking) after booking the trip for a date within the validity period of the travel advertisement, the tour operators will impose an appropriate rebooking fee per traveler if the following deadlines are adhered to. The traveler does not have the right to rebooking.
2. The deadline for flight package trips with on-demand airlines (charter) is from the 29th day before the start of the trip. For flight package trips with scheduled airlines for individual travelers, it is from the 30th day before the start of the trip, and for group trips, it is from the 95th day before the start of the trip. For ship trips, the deadline is from the 50th day before the start of the trip, for train trips, it is from the 30th day before the start of the trip, for bus trips, it is from the 30th day before the start of the trip, and for holiday apartments, it is from the 45th day before the start of the trip.

§ 9 Unused Services

If the traveler does not utilize individual travel services due to an early return or other reasons for which they are responsible, despite the tour operator properly offering these services, the tour operator will endeavor to seek reimbursement from the service providers for the saved expenses. There is no entitlement to a proportional refund of the travel price. The obligation to seek reimbursement does not apply if the damage is entirely insignificant, or if reimbursement conflicts with legal or official regulations.

§ 10 Withdrawal and termination by the tour operator

1. The tour operator may terminate the travel contract before or after the start of the trip without observing a notice period for significant reasons. Reasons for termination include if the traveler disrupts the execution of the trip despite a warning from the tour operator or behaves in such a manner that immediate termination of the contract is justified due to a breach of contract. If the tour operator cancels, they retain the right to the travel price. However, the value of the saved expenses as well as the benefits that are not utilized from alternative arrangements must be credited, including the amounts credited to them by the service providers.
2. Unless a longer period of time is specified in a travel advertisement in individual cases, the tour operator can withdraw from the travel contract up to five weeks in advance of the start of the trip if the advertised or officially specified minimum number of participants is not reached, provided that the minimum number of participants was stated in the travel advertisement and in the travel confirmation for the corresponding trip. The tour operator is obliged to:

To inform the traveler of this immediately after the condition for non-execution of the trip occurs and to inform them of the cancellation immediately to be supplied. The traveler will receive a refund of any payments made on the travel price immediately. If it had already been apparent at an earlier point in time that the minimum number of participants cannot be reached, the tour operator must inform the traveler of this.

§ 11 Limitation of liability

1. Contractual liability for damages is limited to three times the travel price, provided that the traveler’s damage was not caused intentionally or through gross negligence, or if the tour operator is solely responsible for any damage suffered by the traveler due to the fault of a service provider. This does not apply to damages resulting from injury to life, body, health, or essential contractual obligations. Essential contractual obligations are obligations whose fulfillment enables the proper execution of the contract in the first place, and on whose compliance the traveler trusts and may rely. Claims under the Montreal Convention or the Aviation Act remain unaffected by this regulation.
2. If the tour operator only arranges third-party services (e.g., visits to sporting or cultural events), they are not liable for the provision of the service itself if these services are expressly stated in the travel advertisement and in the travel confirmation, and if the contractual partner providing these third-party services clearly indicates that they are not part of the tour operator’s service for the traveler. Any liability in this case is governed by the regulations of these companies, which must be clearly explained to the traveler and made available to them upon request. However, the tour operator remains liable for third-party services that provide transport between the starting point of the trip and the destination, intermediate transport, or accommodation during the trip, or if there is a violation of the tour operator’s obligation to inform, organize, or provide information that causes damage to the traveler.

§ 12 Obligation to cooperate

1. The traveler is obligated to cooperate in the event of service disruptions within the legal framework to prevent or minimize potential damage.
2. The traveler is particularly obliged to immediately report their complaints to the local tour guide, who is commissioned to remedy the situation if possible. If there is no local tour guide, any defects must be reported to the tour operator. The tour operator will inform the traveler about their or the tour guide’s availability with the travel documents at the latest. If, due to a culpable omission by the tour operator.

The traveler is not entitled to (1) assert the rights specified in Section 651m of the German Civil Code (BGB) or (2) demand compensation after reporting a travel defect under § 651n BGB.

§ 13 Exclusion of claims and limitation period

1. If the tour operator was unable to remedy the situation due to a culpable failure to report a travel defect, the traveler is not entitled to (1) assert the rights specified in Section 651m of the German Civil Code (BGB) or (2) demand compensation for damages in accordance with Section 651n of the German Civil Code (BGB). If negotiation occurs between the traveler and the tour operator regarding the claim or the circumstances giving rise to the claim, the statute of limitations is suspended until either party refuses to continue negotiations. The statute of limitations occurs at the earliest three months after the end of the suspension.

§ 14 Information about the identity of the operating airline

1. In accordance with Article 11 of Regulation (EC) No. 2111/2005, the tour operator is obliged to inform the traveler at the time of booking about the identity of the air carrier(s) transporting the traveler.
2. If the identity of the operating air carrier is not yet known at the time of booking, the tour operator will inform the traveler about the likely identity of the airline(s) acting as the operating air carrier(s) for the flights in question. Subsequently, the tour operator will inform the traveler about the confirmed identity of the operating air carrier(s) as soon as it has been established.
3. The tour operator will also inform the traveler about any change in the operating airline. In the event of a change in the operating air carrier(s) after booking, the tour operator shall promptly take all reasonable steps to ensure that the traveler is informed of the change as quickly as possible. In any case, passengers will be notified at check-in, or if check-in is not necessary for a connecting flight, the traveler will be informed during boarding.
4. The list of air carriers that have been banned from operating in the EU is available at The EU Air Safety List – European Commission (europa.eu).

§ 15 Passport, visa and health regulations

1. The applicable passport, visa and health regulations can be found in the respective travel description in the catalog. If possible, the tour operator will inform the traveler of any changes before the start of the trip. For citizens of other countries, the responsible consulate can provide information.
2. The tour operator is not liable for the timely issuance and receipt of necessary visas by the respective diplomatic mission if the traveler has entrusted the tour operator with arranging the visa, except in cases where the tour operator is responsible for the delay.
3. The traveler is responsible for complying with all regulations important for carrying out the trip. All disadvantages, especially the payment of cancellation costs arising from non-compliance with these regulations will be borne by the customer, unless they are caused by culpable error or error the tour operator is not informed.

§ 16. Insurance

We would be happy to advise you comprehensively in this regard.

§ 17 Miscellaneous

1. The contract language is English. The law of the Federal Republic of Germany applies.
2. If the traveler is a merchant or a legal entity under public or private law, or a person whose domicile or usual place of abode is abroad, or whose place of residence or habitual residence is not known at the time the action is filed, the place of jurisdiction is Niedernhausen. The legal provisions for the dunning procedure in accordance with Sections 688 ff. ZPO remain unaffected by this.
3. The ineffectiveness of one or more provisions does not affect the validity of the remaining provisions. The relevant provision shall be replaced by the applicable legal regulation. This applies accordingly in the event that the contract and/or individual provisions prove to be incomplete.