T&C
General terms and conditions
Isimila Tanzania Adventures Ltd.
In the following you will find the general travel and business conditions (hereinafter referred to as AGB) of the tour operator Isimila Tanzania Adventures Ltd. (hereinafter referred to as tour operator). These form the basis for a travel contract concluded by booking with Isimila and you (hereinafter referred to as customer).
1. Conclusion of a travel contract
1.1 The customer must agree to the trip in writing (by letter or electronically by email). The confirmation of receipt of this email by the tour operator does not constitute an acceptance of the booking. The tour operator sends a booking form by email to the customer. With the written travel registration with the tour operator by returning this signed booking form (booking), the customer offers the tour operator the conclusion of a binding travel contract and accepts the contractual conditions of the tour operator for himself and all fellow travellers. The tour operator is not liable for all consequences, problems and resulting costs which arise due to insufficient or incorrect information provided by the traveller. The customer assures the tour operator with his signature and confirms that all information listed is correct for himself and the fellow travellers. If the booking form contains incorrect information or content, the customer is obliged to inform the tour operator immediately.
1.2 The customer is responsible for all contractual obligations of fellow travellers for whom he/she makes the booking, as for his/her own, provided that he/she has assumed this obligation by explicit and separate declaration.
1.3 The contract is concluded with the acceptance by the tour operator’s written booking confirmation to the customer. The basis for this is the offer, the tour description and information about the respective tour, as far as the customer has them. If information shown in offers, invoices and travel documents is not available, the customer is obliged to request it in time. If the content of the booking confirmation differs from the content of the registration, a new offer of the tour operator is available to which the customer is bound for a period of 10 days. The contract is concluded on the basis of this new offer if the traveller declares acceptance to the tour operator within the binding period.
1.4 Service providers (e.g. hotels and transport companies) are not authorised by the tour operator to make agreements, provide information or give assurances that change the agreed content of the travel contract, go beyond the contractually promised services of the tour operator or contradict the tour description. Local and hotel brochures, online information not published by the tour operator are not binding for the tour operator and its obligation to perform, unless they have been made the subject of the travel advertisement or the content of the tour operator’s obligation to perform by express agreement with the traveller.
1.5 Isimila Tanzania Adventures does not assume liability for bookings (e.g. flights, pre or post programs) made by the client on his own initiative outside of the agreed services, if these have negative influences on the booked trip (e.g. flight delays or cancellations, entry into the country of destination).
1.6 The traveller as well as all other fellow travellers are responsible for ensuring that he/she is in sufficiently good physical or other constitution/condition not to endanger him/herself or his/her fellow travellers or to diminish or limit the enjoyment and travel experience of the other fellow travellers. Should this nevertheless be the case, the tour operator reserves the right to exclude the traveller(s) from the trip or further execution of the trip.
2. Payment
2.1 Upon conclusion of the contract, an immediate deposit of 25% of the total travel price is due. The remaining payment is due (arriving in Tanzania) 6 weeks before the start of the trip, provided that the trip can no longer be cancelled for the reason stated in point 7.1. The non-binding reserved hotel accommodation and domestic flights will only be booked and guaranteed after receipt of the deposit on our account. An immediate payment of the entire travel price is due in the case of special conditions granted or if the start of the journey is less than 8 weeks after the invoice is issued. Some flight tariffs also provide for immediate payment. Special payment conditions are already indicated to the customer in the offer and are binding upon booking.
2.2 In case of partial or complete default of payment, the tour operator is entitled to withdraw from the contract after a reminder with setting a deadline and to demand compensation from the customer according to section 4. This also applies to trips booked through a travel agency or a broker.
2.3 The invoicing, as well as the offer, is in USD dollars and has to be transferred in US dollars to the stated account in Tanzania.
2.4 After full payment of the tour price, the traveller will receive the relevant travel documents. Without full payment of the travel price, the traveller has no claim to the travel services.
3. Changes in services and price increases
3.1 A pre-contractual price adjustment may become necessary if the package tour requested by the customer and advertised in the offer is only available through the purchase of additional quotas after publication of the offer, or through an increase in transport costs, charges for certain services, such as port or airport fees, or a change in the exchange rates applicable to the relevant trip after publication of the offer.
3.2 Special requests or deviating services, e.g. from brochures of the service providers that change the scope of the services offered, are only binding if they are expressly confirmed by the tour operator.
3.3 Basically the tour operator is bound to the services listed in the offer or booking confirmation. Should the tour price or an essential travel service change subsequently, the Tour Operator must inform the traveller immediately after becoming aware of this. The tour operator reserves the right to change the advertised prices confirmed with the booking in case of an increase in transport costs or charges for certain services, such as port or airport fees, national park and concession fees and the like, kerosene surcharges or a change in the exchange rates applicable to the trip in question to the extent that the increase in transport costs or charges for certain services per person or per seat affects the price of the trip, insofar as the circumstances leading to the change neither occurred nor were foreseeable for the tour operator at the time of the conclusion of the contract.
3.4 If the transportation costs, especially fuel costs, increase at the time of the conclusion of the contract, the tour operator can demand the amount of the increase in case of a price increase related to the seat or the additional transportation costs demanded by the transportation company per means of transportation. He can divide these by the number of seats of the agreed means of transport and demand the resulting increase for the individual seat.
3.5 Changes to the travel services after conclusion of the contract by the tour operator may be made as long as the overall layout and character of the journey is not affected by this. The Tour Operator expressly reserves the right to cancel parts of the tour or the entire tour, to make route changes or changes in accommodation if the health or life of the travellers is endangered. This applies especially if weather, strike, war or war conditions or government decisions make this demonstrably necessary. Additional costs resulting from such reasons are to be borne by the traveller.
3.6 Travel services relating to day trips, e.g. to social institutions such as orphanages, schools, bicycle tours, hikes, walking safaris can be changed or cancelled at any time due to unforeseen compelling circumstances.
4. Withdrawal by the customer / cancellation costs
4.1 The customer can withdraw from the trip at any time before the start of the trip. Decisive for this is the receipt of the customer’s declaration of withdrawal by the tour operator in written form on working days (Monday to Saturday, taking into account national as well as federal state holidays) and the subsequent confirmation of the tour operator.
4.2 If the customer withdraws from the travel contract or does not take part in the tour, the tour operator can demand compensation for the travel arrangements made and for his costs and expenses, as long as the withdrawal is not his fault or in case of force majeure. Decisive for the calculation of the compensation is the travel price minus saved expenses and any other use of the travel services, if this is possible. In all other respects, additional costs shall be borne by the traveller. The tour operator can demand an appropriate compensation for the travel arrangements made up to the time of withdrawal and its expenses, e.g. through cancellation costs with local service providers such as accommodation, depending on the respective travel price and can make this claim according to the following breakdown according to the proximity of the time of withdrawal to the contractually agreed start of travel in a percentage ratio to the travel price.
For the trips
up to the 93rd day before departure 25% of the total price
up to the 63rd day before departure 35 % of the total price
up to the 33rd day before departure 60% of the total price
up to the 23rd day before departure 85 % of the total price
from the 22nd day before the start of the journey or if the journey is not commenced, 95% of the total price shall be claimed as compensation.
4.3 Cancellation fees for flights:
Depending on the regulations and conditions of the airline, the customer will be charged the cancellation fees or costs incurred. In particular after the flight documents have been issued, a refund of the fees is not possible.
4.4 If several traveling parties book a trip together, increased cancellation fees may also apply if some of the travelers cancel for shared services, such as a vehicle with driver for privately guided travel.
4.5 The Tour Operator reserves the right to demand a higher, concrete compensation in exceptional cases of a deviation from the above packages. For this purpose the tour operator has to quantify and prove the costs incurred. In any case, the customer is at liberty to prove to the tour operator that the tour operator has not incurred any damage or that the damage incurred is considerably less than the flat rate claimed by the customer.
5. Rebooking
5.1 Rebooking, i.e. change requests of the customer of any kind (travel date, destination, place of arrival or end of travel, accommodation or mode of transport), which are made after the expiry of the deadlines, can only be made, if their implementation is possible at all, after withdrawal from the travel contract under the conditions of paragraph 4. For this purpose a new registration is mandatory. In principle, the customer has no right to a rebooking or any changes to the content of the booked trip after the contract has been concluded. If a rebooking or minor changes are possible, the tour operator can demand a processing fee of 50 USD plus the new service.
5.2 The tour operator is basically entitled to rebook the tour to other accommodations by the tour operator, which can occur due to overbooking of the accommodations of high demand e.g. in the high season. In any case the Tour Operator will try to provide an equivalent accommodation without extra charge. Should this not be possible, the customer must be offered alternative accommodation at an extra or reduced price.
6. Services not used
In the event that the customer does not make use of individual properly offered services of the journey for reasons that are attributable to himself, such as delays or cancellations of flights booked by himself, for reasons of premature termination of the journey or other compelling reasons, there is no entitlement to pro-rata reimbursement of these costs of the journey. The tour operator will make every effort to reimburse the saved expenses. If the services in question are completely insignificant or a refund is not possible, this obligation does not apply.
7. Withdrawal and termination of the travel contract
7.1 The tour operator reserves the right to withdraw from the travel contract up to 6 weeks before the start of the journey if the minimum number of participants is not reached, provided that the tour description for the respective journey refers to a minimum number of participants. In any case, the tour operator is obliged to inform the customer immediately after the occurrence of the prerequisite for the non-execution of the trip and to forward the declaration of withdrawal to the customer immediately. The customer shall be refunded any payments already made on the tour price.
7.2 The tour operator also reserves the right to terminate the contract after the start of a journey without observing a travel deadline if the traveller, despite a warning, persistently disturbs the execution of the journey or behaves in such a way that is contrary to the contract or irresponsible or an unreasonable demand on other travellers means that the immediate cancellation of the contract is justified. In the event of termination by the tour operator, he retains the right to the tour price, but he must have the value of the expenses saved and the advantages gained from any other use of the unused service credited to him, including the benefits received from the amounts credited to the top performers.
7.3 If the tour is considerably impeded, endangered or impaired as a result of force majeure not foreseeable at the time of conclusion of the contract, both the tour operator and the traveller can cancel the contract. If the contract is cancelled, the tour operator can demand an appropriate compensation for the travel services already provided or still to be provided for the completion of the journey. Furthermore the tour operator is obliged to take the necessary measures. Additional costs are charged to the traveler.
8. Warranty
The tour operator is obliged to prepare the trip conscientiously, to carefully select and monitor the service providers on site. He is responsible for the correctness of the description of all travel services stated in the offer, including changes to the offer, and for the proper execution of the agreed services.
9. Obligations of the customer
Remedy
9.1 If the tour is not provided in accordance with the contract, the traveller can demand redress. The customer is obliged to inform the tour operator immediately of any deficiency in the tour. If the customer culpably fails to do so, a reduction of the tour price does not occur.
9.2 The customer is also obligated to immediately notify the tour guide on site of the defect. The tour guide must, if possible, provide on-site remedy, but is not authorized to acknowledge claims of the customer. How to contact the tour operator and/or the tour guide is stated in the travel documents.
9.3 In case of disproportionate effort the tour operator can refuse the remedy. The tour operator is free to provide redress in the form of an equivalent substitute service.
Termination of the contract
9.4 If a tour is considerably impaired as a result of a defect, the traveller must grant the tour operator a reasonable period of time to remedy the situation. If the tour operator does not provide remedy within a reasonable set period, the traveller can terminate the travel contract within the framework of the legal regulations. The same applies if the traveller cannot be expected to take part in the tour due to a deficiency for an important reason that is recognisable to the tour operator. It is only not necessary to set a deadline for redress if redress is impossible or is refused by the tour operator or if the immediate termination of the contract is justified by a special interest of the traveller which is recognisable to the tour operator. The traveller owes the tour operator the proportionate tour price for the services used.
Loss and delay of luggage
9.5 The Tour Operator strongly recommends to report damage to baggage and delays in delivery or loss of baggage during air travel immediately on the spot by means of a damage report at the appropriate place directly at the airport to the respective airline. Otherwise there is the risk that the airline refuses to reimburse if such a report has not been made. According to the Montreal Convention, damage to baggage must be reported in writing to the airline within 7 days and delays in baggage within 21 days of delivery.
Travel documents
9.6 If the customer does not receive the necessary travel documents (ticket, travel information etc.) 14 days after the start of the trip, he/she is obliged to inform the tour operator.
10. Limitation of liability
10.1 The company Isimila Tanzania Adventures Ltd. does not own all the service providers that make a contribution to the trip. We book transportation (e.g. flights, car trips, ferries etc.), accommodation and other services. All these service providers are independent contractors. For external services of other companies which are not part of a package tour and which are expressly brokered in the name of a third party (e.g. international flights as well as domestic flights in the country of travel, trips with the German railways and ferries, accommodation, excursions, sports events, theatre visits, exhibitions, transport services from and to the advertised departure and destination), the tour operator is only liable as an agent. The tour operator shall not be liable for service disruptions, personal injury and damage to property in connection with services of these merely mediated services.
The tour operator acts as an intermediary for the customer for transport, accommodation or other travel arrangements. The Tour Operator will make every effort to ensure the customer’s satisfaction and safety, but shall not be responsible or liable for any injury, death, damage, loss, accident, delay or failure in connection with the services of any aircraft, train, ship, automobile or other means of transportation or the actions of any third party involved in the transportation.
10.2 The Tour Operator is not responsible for any damage, additional costs or other losses due to cancellation, delay or other changes caused by air services, illness, weather, strike, riots, acts or threats by terrorists, travel warnings or prohibitions, termination or cancellation of war risks, quarantine, force majeure or other causes beyond his control. All such losses shall be borne by the customer. Travel expenses refer exclusively to the services within the booked time frame. The tour operator is not liable for any delays, changes or cancellation costs resulting from incorrect, invalid or insufficient information provided by the client. In the event that the tour is cancelled, delayed or rescheduled due to any of the foregoing causes beyond the control of the Company, the Client will be offered an alternative tour in lieu of the originally planned tour as a replacement, or may receive a refund of any travel expenses already incurred due to the foregoing causes, to the extent that such expenses are to be recovered from the third parties. However, the Tour Operator does not bear any responsibility and is not liable for all matters outside this scope.
10.3 The Tour Operator reserves the right to change the tour if necessary, in terms of itinerary, alternative accommodation, vehicles, flights or activities. The Tour Operator may cancel, postpone or change a tour prior to departure with full reimbursement of any costs incurred by the Tour Operator up to that point, provided that these costs are not due to any of the foregoing reasons beyond the control of the Company.
10.4 In addition and without limitation, the Promoter shall not be liable for any injury, loss, death, inconvenience, delay or damage to personal property in connection with the provision of any services. This shall be regardless of whether caused by force majeure, disaster, illness, act of war, riot, animals, strike, crime, acts of terrorism, overbooking or downgrading of services, food poisoning, mechanical or other failure of air services or any other means of transportation to arrive or depart on time.
10.5 The Tour Operator is not liable for dangers or damages or injuries or death of the travellers caused by animals or accidents/health effects such as altitude sickness or similar during hiking, mountaineering etc. Nor can he be held responsible for the lack of medical or medical care or evacuation difficulties due to the remoteness of the area, which is the nature of adventure travel and safaris. Mountain climbing is conducted under the supervision of local licensed mountain guides or similarly qualified guides. They reserve the right to adapt or change the tours to the possibilities, technical requirements or unforeseen circumstances of the situation. The unforeseeable circumstances can be, among others, avalanche danger, extreme weather or abortion/return due to injury of a participant.
11. Exclusion of claims
Claims for non-contractual performance of the tour must be asserted by the traveller against the tour operator within one month after the contractually agreed end of the tour. After the deadline has expired, the traveller can only assert claims if he/she was prevented from complying with the deadline through no fault of his/her own.
12. Passport, visa and health regulations
12.1 The traveller is responsible for obtaining the passport, visas and health regulations from the relevant foreign office or consulate.
12.2 The Tour Operator does not obtain visas for the travellers and is not liable for the timely issue and receipt of necessary visas by the respective diplomatic representation.
12.3 The customer and the fellow travellers are themselves responsible for procuring and carrying all necessary travel documents and their validity and compliance with legal regulations, as well as necessary vaccinations and compliance with legal customs and foreign exchange regulations.
13. Ineffectiveness of individual provisions
The ineffectiveness of individual provisions of the travel contract does not result in the ineffectiveness of the entire contractI
14. Choice of law
The contractual relationship between the customer and the tour operator is exclusively subject to Tanzanian law. This also applies to the entire legal relationship.
15. Legal venue
15.1 The client/traveller can only sue the Tour Operator at the latter’s registered office.
15.2 For legal actions of the tour operator against the traveller the residence of the traveller is decisive. For legal actions directed against customers or contractual partners of the travel contract who are merchants, legal entities under public or private law or persons who have their domicile or usual place of residence abroad or whose domicile or usual place of residence is unknown at the time the action is filed, the tour operator’s registered office is agreed as the place of jurisdiction.
Tour operator is:
Isimila Tanzania Adventures Ltd.
Management: Marina Gehring / Juma Silayo
P.O. Box 16488 – Morombo
Arusha, Tanzania
Mobile: +49 176 472 96 132
Mobile: +255 786 239 629
