The following GTC are an integral part of the travel contract between the travel participant (RT) and the tour operator (RV).
1.conclusion of the contract:
With your registration you offer us the conclusion of a binding travel contract. At the same time you accept the travel conditions of Rafiki X-Dream Safaris cc. The basis of the offer is the travel description and the supplementary information. The booking can be made by you in writing, orally, by telephone or electronically (Internet, e-mail). It is done by you also for all participants listed in the registration. The contract is concluded with the acceptance by Rafiki X-Dream Safaris cc. You will receive a written registration or booking confirmation from us, with which the booking becomes binding.
When booking, please pay 20% of the tour price in advance. Please pay the remaining amount at the latest 6 weeks before departure, unless otherwise stated on the booking confirmation. For short-term bookings, the entire tour price is due immediately. The travel documents will be handed over after full payment of the travel price. If you do not pay the deposit and/or the balance according to the agreed payment terms, Rafiki X-Dream Safaris cc is entitled to withdraw from the travel contract after sending a reminder with a deadline and to charge you with withdrawal costs according to clause 5.
The scope and nature of the contractual services result exclusively from the service descriptions in the respective offer, as well as from the information in the travel confirmation. Subsidiary agreements must be expressly confirmed in writing by Rafiki X-Dream Safaris cc.
4. changes in services and prices:
Deviations of individual travel services from the agreed content of the travel contract, which become necessary after conclusion of the contract and which were not caused by us against good faith, are permitted, provided they are not significant and do not affect the overall nature of the booked trip. Any warranty claims shall remain unaffected insofar as the modified services are defective.
In case of price increases of service providers (transport companies, park entrance fees, hotels,…) after conclusion of the contract, we reserve the right to charge these increases to you. We will notify you of such price changes immediately, but no later than 21 days before the start of the trip. Price increases after this date are not permitted. You can withdraw from the travel contract free of charge within 2 weeks of notification by written declaration in the event of an increase of more than 10% or in the event of a significant change to an essential travel service.
5. withdrawal by the traveler, rebooking, no-show, premature termination of the trip:
You can withdraw from the trip at any time. The receipt of your written notice of withdrawal by us is decisive. In case of withdrawal from the travel contract, we will charge you the following flat-rate withdrawal fees:
up to 30. day before departure 20 % of the travel price
from the 29th to the 21st day before departure 30 % of the tour price
from the 20th to the 14th day before departure 40% of the tour price
from the 13th to the 7th day before departure 50% of the tour price
from the 6th to the 2nd day before departure 65 % of the tour price
less than 2 days before departure 85 % of the tour price
plus all applicable cancellation fees for all bookings. Decisive for the calculation of the deadline is the receipt of the written notice of withdrawal by us.
In the event of withdrawal, we may demand from you the additional costs actually incurred. If you provide a substitute person who meets the specific requirements related to the trip, no cancellation fees will be charged. Only a handling fee of Euro 50,- has to be paid. If you break off the trip prematurely, there will be no refund of the equivalent value of unused services. In this case you are responsible for your onward or return journey.
If you do not make use of individual travel services that were duly offered to you for reasons that are attributable to you (e.g. due to early return or other compelling reasons), you shall not be entitled to a pro rata refund of the travel price. Rafiki X-Dream Safaris cc will endeavor to obtain reimbursement from the service providers for any expenses saved.
If Rafiki X-Dream Safaris cc steps in to meet an acute emergency, you agree to refund the amounts spent on your behalf immediately upon completion of the trip.
6. withdrawal and cancellation by Rafiki X-Dream Safaris cc:
Rafiki X-Dream Safaris cc may withdraw from the travel contract in the following cases:
Up to 30 days before the start of a trip, if a minimum number of participants as advertised is not reached.
Rafiki X-Dream Safaris cc will make every effort to inform you at the earliest possible time if the booked trip is in jeopardy due to failure to reach the minimum number of participants. You will be refunded the paid travel price immediately.
Likewise, Rafiki X-Dream Safaris cc can terminate the travel contract if you do not pay the due travel price within the set period of time despite the warning of withdrawal. In this case, the compensation rates specified under ” 5.” shall apply.
After the start of the trip, Rafiki X-Dream Safaris cc can terminate the travel contract without notice if you persistently disturb the execution of the trip despite a reminder or endanger other travelers or the tour guide and the further execution of the trip by behavior contrary to the contract. Any additional costs incurred as a result shall be borne by you. Rafiki X-Dream Safaris cc retains the right to the travel price, but must take into account the value of the saved expenses.
If the implementation of the trip is significantly impeded, endangered or impaired before the start of the trip due to force majeure (war, civil unrest, epidemics, sovereign orders, etc. ….) that was not foreseeable at the time of the conclusion of the contract, both you and we may terminate the travel contract. If the contract is terminated, we may demand reasonable compensation for expenses incurred. In case of cancellation before the start of the trip on our part, you will be refunded the paid travel price immediately. Rafiki X-Dream Safaris cc is not liable under this contract for the consequences of force majeure.
8. liability and warranty:
Rafiki X-Dream Safaris cc is liable within the scope of the duty of care of a prudent businessman for the conscientious preparation and execution of the trip, the selection and supervision of the service providers, the accuracy of the service description and the proper provision of the contractually agreed travel services in accordance with the respective country and local custom. The traveler has to demand remedy in case of non-contractual performance.
Liability is excluded for accidents that may occur in aviation, during the use of local land and water transportation of all kinds, as well as our own expedition vehicles. This also applies to all kinds of activities such as hiking and other sporting activities as well as to attacks by people or animals. Furthermore, we are not liable for disadvantages that may result from defects in our own vehicles and resulting route and schedule changes, arbitrary measures taken by local authorities and other circumstances of force majeure for which we are not responsible. Rafiki X-Dream Safaris cc shall not be liable for any disruptions of services in connection with external services that are merely arranged and identified as such in our travel documents. Since the offered trips are not package tours in the traditional sense, but adventure trips, they inevitably involve certain risks. As far as from these risks, performance problems arise, any liability on the part of Rafiki X-Dream Safaris cc is excluded.
We also cannot be held responsible for damage or loss of personal equipment due to theft or extreme conditions such as sand, dust, high humidity, long rides in difficult track conditions, etc. We therefore recommend that you take out travel accident, health, liability, luggage and cancellation insurance.
9. limitation of liability:
The liability of Rafiki X-Dream Safaris cc is excluded or limited to the extent that due to statutory provisions applicable to the services to be provided by a service provider, its liability is also excluded. The liability of Rafiki X-Dream Safaris cc is limited to the amount of three times the travel price, insofar as a damage of the traveler is caused by Rafiki X-Dream Safaris cc neither intentionally nor grossly negligent or insofar as Rafiki X-Dream Safaris cc is responsible for a damage incurred by the traveler solely due to the fault of a service provider.
Rafiki X-Dream Safaris cc is not liable for service disruptions, personal injury and property damage in connection with services that are merely brokered as third-party services (e.g. excursions, flights, rental vehicles, transportation services to and from the advertised place of departure and destination) if these services are expressly identified as third-party services in the travel description and the booking confirmation, stating the brokered contractual partner in such a clear manner that they are recognizably not part of the travel services.
However, Rafiki X-Dream Safaris cc is liable for services that include their transportation from the advertised starting point of the trip to the advertised destination, intermediate transportation during the trip and accommodation during the trip, if and insofar as the violation of information, education or organizational obligations of Rafiki X-Dream Safaris cc have become the cause of damage to them.
9. default in performance, duty to cooperate:
The traveler is obligated to do everything reasonable to contribute to the elimination of the disruption and to keep any damage as low as possible. In particular, the traveler is obliged to immediately notify the local tour guide of his complaints. If the traveler does not comply with this obligation, he is not entitled to claim a reduction. Claims for non-performance or non-contractual performance of travel services must be made in writing to the organizer within one month of the contractually agreed end of the trip. All claims arising from the travel contract expire 12 months after the contractually agreed end of the trip. In case of incidents as well as technical breakdowns of various kinds, the instructions of the tour guide must be followed.
The daily stages and nightly camp sites will be determined by our expedition leader. In the event of significant time, weather, route, or health issues during the expedition, it may be necessary to deviate from the normal daily schedule; sightseeing stops may be shortened or cancelled, very early rising as well as driving into the night may be required, and the usual meal schedule may be replaced by impromptu short meals.
Rafiki X-Dream Safaris CC is not liable for the risks of various kinds that may occur as a result of the special nature of an expedition and adventure trip. You bear this risk yourself.
11. passport, visa, customs, health and foreign exchange regulations:
The traveler is responsible for compliance with the applicable passport, visa, health, legal and foreign exchange regulations. Data and information on the above regulations on the part of Rafiki X-Dream Safaris cc are not binding, but represent a non-binding assistance. All disadvantages resulting from the non-observance of the above-mentioned regulations shall be borne by the traveler, even if the above-mentioned regulations should be changed after the travel registration.
12. general provisions:
All information relating to our travel program is published subject to legal or regulatory approvals. No liability can be accepted for printing and calculation errors.
13 Ineffectiveness of individual provisions:
The invalidity of individual provisions of the travel contract or these General Terms and Conditions does not result in the invalidity of the entire travel contract.
14. organizer and intermediary / place of jurisdiction:
Rafiki X-Dream Safaris
Dr. Ian Sheepers Drive Erf 676
P.O. Box 231
The place of jurisdiction is the respective registered office of the named organizer.