|
SafariScout.com
Scouting Africa for Adventure
Beate Gernhuber
Wattstrasse 12
14482 Potsdam
Germany
Please phone us mondays to fridays
10h00 to 12h00 and 14h00 to 16h00
fon: ++49 (0) 331 704 67 36
email:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
website: www.safariscout.com
SafariScout.com is registered at the Potsdam Trade Office.
Tax-Number: 046/223/01860
Terms and Conditions of SafariScout.com
Part 1
1.1. Booking Arrangements
The SafariScout.com booking agency, whose owner is Beate Gernhuber, acts exclusively as an agent that arranges contracts between clients and tour operators/rental companies. In case of a booking the contract applies only to the client and the tour operator/rental company and not SafariScout.com. Under no circumstance will SafariScout.com act as a service provider which organises tours/rentals at its own risk and responsibility. Also, when arranging different kinds of travel insurance (travel cancellation insurance, travel health or baggage insurance) for the client terms and conditions of the actual insurance company apply. SafariScout.com will convey those to the client before making the booking.
The client offers SafariScout.com a contract of brokerage between SafariScout.com and the client as soon as the client has filled in a booking form for tours/rentals/insurances on the SafariScout.com-websites and has sent this application via email, mail or website-booking form back to SafariScout.com. The brokerage contract is valid as soon as SafariScout.com has accepted the client´s offer either by email, fax or letter.
The responsibilities of SafariScout.com cover the services of travel advice, tour/rental brokerage as well as all necessary information to establish a contract between client and service providers. For this contract only the terms and conditions of the respective service provider apply, and indicate which services the respective provider or operator has to guarantee and under which conditions the operator fails to partly or completely render these services. They also state, on which grounds the client can take legal action because of insufficient services. The same applies for the brokerage of travel insurance by SafariScout.com.
SafariScout.com acts exclusively as a broker, not only if separate products become part of the contract, but also, if the client chooses several separate services that have been offered separately, need to be paid for separately and will be conducted under the responsibility of a third party (tour operator/rental company). In no way will the organisation of tours or providing of vehicles for rent be a duty by contract of SafariScout.com.
1.2. Payment
A deposit of 20 to 30 percent of the full amount of the tour fare/rental fare (depending on the service provider) must be paid to SafariScout.com within a week of making the booking. Upon receipt of the deposit SafariScout.com will provide the client with a confirmation of the booking from the tour operator/rental company. The outstanding amount of the tour fare must be paid to SafariScout.com according to the terms of the service provider – in general latest 35 days before the start of the tour/rental period. SafariScout.com will promptly transfer these funds to the service provider. Possible disadvantages that result from delayed payment of the client will not be the responsibility of SafariScout.com and must be borne by the client. SafariScout.com is also not responsible for pre-financing travel costs. For bookings that have been made less than 35 days before the start of the tour/rental period the total tour fare/rental fare will be due immediately.
1.3. Cancellation or alterations by the client
If the client cancels the booking effectively more than 35 days before start of the tour/rental or doesn´t take part in the tour at all, the deposit already paid will be forfeited. If cancellation takes place less than 35 days prior to start of the tour/rental the terms and conditions of the service provider will apply. SafariScout.com will provide the client with these terms upon confirmation of the booking. Additionally – with every cancellation by the client - SafariScout.com will charge the amount of € 50 per person or rental for the provided advice and brokerage. Possible claims of the service providers – according to their terms and conditions – will be unaffected by the claims of SafariScout.com. In case of alterations to the travel destination, time as well as the pick-up and drop-off point of the rental vehicle that are made by the client after his booking SafariScout.com will charge an administrative fee of € 50 per person or rental. Possible fees of the service providers according to their terms and conditions will be unaffected by that. In case of cancellation or alteration SafariScout.com may also charge the client the actual costs.
1.4. Cancellation by the service provider
In this case the terms and conditions of the tour operator/rental company apply exclusively. SafariScout.com charges an administrative fee of € 50 per person or rental only then, if the cancellation was due to the conduct of the client.
1.5. Liabilities of the tour broker from the brokerage contract
SafariScout.com as a broker undertakes to deal with its duties arising from the brokerage contract as a scrupulous merchant. With the provision of the travel documents via email to the client SafariScout.com has completed its duties as broker. Should SafariScout.com not fulfill its duties properly, the client may demand relief. In this case SafariScout.com may have to deal with mistakes by another person assisting in the brokerage process. Relief can be offered through alternate compensation. SafariScout.com can deny relief should the relief demand disproportional time and effort compared to the original booking. The client may also refuse the alternate compensation if for cogent reason he cannot be expected to accept it. Should SafariScout.com not offer remuneration, or should SafariScout.com refuse relief for unacceptable reasons, only then can the client – if the tour or rental will not be taking place and the client has demanded relief already – decline the brokerage contract and demand compensation up to the total amount of the tour fare/rental costs.
1.6. Liability
SafariScout.com will not be held liable for minimal negligence and limits its liability arising from its brokerage activity to the total amount of the tour fare/rental fare. This is apart from possible liabilities of the service providers, who will regulate beforehand.
1.7. Obligation of the client to co-operate
In case of disturbance, complaint or mistakes during the brokerage activity of SafariScout.com the client is especially obliged to do everything reasonable to limit and avoid possible loss. The client is obliged to inform SafariScout.com immediately about above circumstances if they arise. This includes checking the information on the booking confirmation, which the client receives from SafariScout.com. In case of discrepancies or mistakes SafariScout.com or the service providers must be informed by the client within 3 days upon receipt of the booking confirmation. Failure to comply during this time span doesn´t result in the right to resign from the brokerage contract.
1.8. Exclusion of claim and limitation
In case of complaints about the brokerage activity of SafariScout.com the client has the right to press claims within one month of the contractually-stipulated start of the tour/rental. Claims lodged after this time cannot be considered unless the client can demonstrably prove inability to lodge complaint earlier. Regardless of the above mentioned time limit the claims of the client from the brokerage contract expire at the latest six months after the in the contractually-stipulated start of the tour/rental.
1.9. Severability
If any part, term or provision of the brokerage contract is held to be illegal or unenforceable, it shall not affect the validity of enforceability of the remainder of the contract.
1.10. Place of jurisdiction
The client can only take legal action against SafariScout.com at its place of domicile. In the case of legal action by SafariScout.com against the client, the client´s place of residence will be used, unless legal action takes place against merchants who have been entered as such in the commercial register, persons who have no general place of jurisdiction, or persons who have - after concluding the contract – moved their place of residence abroad or whose residence is not known at the time, when the suit is filed. In this case the place of domicile of SafariScout.com applies.
Beate Gernhuber
Potsdam, 12 October 2005
|
