Terms and conditions of travel

1.1. The following applies to all booking channels:

a) The basis of the offer from Elefant-Tours GmbH and of the customer's booking is the trip description and the supplementary information provided by Elefant-Tours GmbH for the relevant trip, insofar as these are available to the customer at the time of booking.

The customer is responsible for all contractual obligations of travellers for whom they make the booking as for their own, insofar as they have assumed this obligation by an express and separate declaration.

b) By making the booking (trip registration), which can be done in writing, by email, online, by SMS or by fax, the customer makes Elefant-Tours GmbH a binding offer to conclude the travel contract.

c) The contract comes into being when Elefant-Tours GmbH sends the trip confirmation/invoice (declaration of acceptance)

d) When the contract is concluded or immediately afterwards, Elefant-Tours GmbH will send the customer a trip confirmation in text form that meets the statutory requirements for its content, unless the traveller is entitled to a paper trip confirmation under Art. 250 § 6 para. (1) sentence 2 EGBGB because the contract was concluded with both parties physically present at the same time or away from business premises.

e) If the content of the trip confirmation from Elefant-Tours GmbH differs from the content of the booking, this constitutes a new offer from Elefant-Tours GmbH, by which Elefant-Tours GmbH is bound for a period of 10 days. The contract comes into being on the basis of this new offer insofar as Elefant-Tours GmbH has drawn attention to the change in relation to the new offer and has fulfilled its pre-contractual information obligations, and the customer declares acceptance to Elefant-Tours GmbH within the period of validity by express declaration or by making the deposit.

f) The pre-contractual information provided by Elefant-Tours GmbH on the essential characteristics of the travel services, the trip price and all additional costs, the payment arrangements, the minimum number of participants and the cancellation fees (pursuant to Article 250 § 3 numbers 1, 3 to 5 and 7 EGBGB) will only fail to become part of the package travel contract if this is expressly agreed between the parties.

1.2. For bookings made in electronic commerce by email or via trip registration on our website www.elefant-tours.de, the following applies to the conclusion of the contract:

a) Bookings (trip registrations) should be made using the booking form of Elefant-Tours GmbH (for emails, by sending the completed and signed booking form as an attachment). By making the booking, the customer makes Elefant-Tours GmbH a binding offer to conclude the package travel contract. The customer is bound by the booking for 10 working days.

b) The customer will be shown how the electronic booking process works in the relevant application of Elefant-Tours GmbH.

c) The customer is provided with a corresponding means of correction, the use of which is explained, to correct their entries, delete them or reset the entire booking form.

d) The contract languages offered for completing the online booking are specified. Only the German language is legally binding.

e) Insofar as the text of the contract is stored by Elefant-Tours GmbH in the online booking system, the customer will be informed of this and of the option to retrieve the contract text later.

f) By clicking the button "book with obligation to pay", the customer makes Elefant-Tours GmbH a binding offer to conclude the package travel contract. The customer is bound by this contract offer for 10 working days from sending the electronic declaration.

g) Receipt of the customer's booking will be confirmed to them immediately by electronic means.

h) Submitting the booking by clicking the button "book with obligation to pay" does not give the customer any entitlement to the conclusion of a package travel contract in accordance with their booking details. Elefant Tours GmbH is rather free to decide whether or not to accept the customer's contract offer.

i) The contract comes into being when the trip confirmation from Elefant-Tours GmbH reaches the customer.

j) If the trip confirmation is provided immediately after the customer makes the booking by clicking the button "book with obligation to pay", by displaying the trip confirmation directly on screen (real-time booking), the package travel contract comes into being when this trip confirmation reaches the customer and is displayed on their screen, without the need for an interim notification of receipt of their booking under g). Insofar as the customer is offered the option to save the trip confirmation on a durable medium and to print it. The binding nature of the package travel contract does not, however, depend on the customer actually using these options to save or print. Elefant-Tours GmbH will additionally send the customer a copy of the trip confirmation in text form.

1.3. If Elefant-Tours GmbH, where applicable after prior consultation with the customer about their wishes, submits to the customer a binding and specific offer with services, prices and travel period, then, notwithstanding the above provisions, the contract comes into being when the customer accepts this offer without additions, restrictions or other changes in the form and within the period specified by Elefant-Tours GmbH. In this case the contract comes into being when the customer's declaration of acceptance is received by Elefant-Tours GmbH. Elefant-Tours GmbH will notify the customer of receipt of the declaration of acceptance. The legal validity of the contract is, however, independent of whether this notification reaches the customer.

1.4. Elefant-Tours GmbH points out that under the statutory provisions (§§ 312 para. 7, 312g para. 2 sentence 1 no. 9 BGB), there is no right of withdrawal for package travel contracts under § 651a and § 651c BGB that were concluded by distance selling (letters, catalogues, telephone calls, faxes, emails, messages sent via mobile phone services (SMS), as well as broadcasting, telemedia and online services), but only the statutory rights of cancellation and termination, in particular the right of cancellation under § 651h BGB (see also section 5). A right of withdrawal does, however, exist if the contract for travel services under § 651a BGB was concluded away from business premises, unless the oral negotiations on which the conclusion of the contract is based were conducted following a prior order by the consumer; in the latter case there is likewise no right of withdrawal.

2.1. Payments towards the trip price before the trip may only be made against delivery of the insolvency protection certificate within the meaning of § 651k para. 3 BGB. When the contract is concluded, the customer pays a deposit of 20% of the trip price after receiving the insolvency protection certificate. The deposit, which must be received within 10 days of the invoice date in the tour operator's account stated in the booking confirmation, will be credited towards the trip price. Unless special notes on the booking confirmation indicate otherwise, the balance is due 28 days before the start of the trip. For payment by credit card (we accept only Mastercard or Visa), the customer's account is debited automatically on the respective due dates. For individual services (e.g. special flight fares), earlier payment due dates may apply. Please refer to the written offer for these. The amounts for the deposit and the balance are set out in the booking confirmation.

2.2. Insofar as the travel services do not include transport of the customer from their place of residence or another starting point to the place of the contractual services and/or back, and it has been agreed in the individual case that the entire trip price is due without a prior deposit only at the end of the trip after all travel services have been received, there is no obligation to provide insolvency protection or to hand over an insolvency protection certificate. This also applies if a deposit and/or final payment before the end of the trip was agreed, but Elefant-Tours GmbH expressly waives such a deposit or advance payment in the booking confirmation.

2.3. If the customer does not pay the deposit and/or the balance in accordance with the agreed due dates, even though Elefant-Tours GmbH is ready and able to provide the contractual services properly, has fulfilled its statutory information obligations and the customer has no statutory or contractual right of retention, Elefant-Tours GmbH is entitled, after a reminder setting a deadline, to cancel the package travel contract and to charge the customer cancellation costs in accordance with section 5.

2.4. Once the customer has paid the balance, the travel documents are generally prepared no earlier than 21 days before the start of the trip. The travel documents are usually sent by email or in printed form to the travel agent or directly to the customer.

3.1. Deviations in essential characteristics of travel services from the agreed content of the package travel contract that become necessary after conclusion of the contract and were not brought about by Elefant-Tours GmbH in bad faith are permitted to Elefant-Tours GmbH before the start of the trip, insofar as the deviations are insignificant and do not affect the overall nature of the trip.

3.2. Elefant-Tours GmbH is obliged to inform the customer of changes to services on a durable medium (e.g. also by email, SMS or voice message) in a clear, comprehensible and prominent manner immediately after becoming aware of the reason for the change.

3.3. In the event of a significant change to an essential characteristic of a travel service or a deviation from special requirements of the customer that have become part of the package travel contract, the customer is entitled, within a reasonable period set by Elefant-Tours GmbH at the same time as notifying the change, either to accept the change or to cancel the package travel contract free of charge. If the customer does not expressly declare cancellation of the package travel contract to Elefant-Tours GmbH within the period set by it, the change is deemed to have been accepted.

3.4. Any warranty claims remain unaffected insofar as the changed services are defective. If Elefant-Tours GmbH incurred lower costs for carrying out the changed trip or any replacement trip offered, of equivalent quality, at the same price, the difference is to be refunded to the customer in accordance with § 651m para. 2 BGB.

4.1. In accordance with §§ 651f and 651g BGB and the following provisions, Elefant-Tours GmbH reserves the right to increase the trip price agreed in the package travel contract if

a) an increase in the price for the carriage of passengers due to higher costs for fuel or other sources of energy,

b) an increase in taxes and other charges for agreed travel services, such as tourist charges, port or airport fees, or

c) a change in the exchange rates applicable to the package trip in question

has a direct effect on the trip price.

4.2. An increase in the trip price is only permitted if Elefant-Tours GmbH informs the traveller clearly and comprehensibly in text form of the price increase and the reasons for it, and in doing so communicates the calculation of the price increase.

4.3. The price increase is calculated as follows:

a) In the case of an increase in the price for the carriage of passengers under 4.1a), Elefant-Tours GmbH may increase the trip price in accordance with the following calculation:

a) In the case of an increase that relates to the seat, Elefant-Tours GmbH may demand the amount of the increase from the customer.

Otherwise, the additional transport costs demanded by the carrier per means of transport are divided by the number of seats of the agreed means of transport. Elefant-Tours GmbH may demand the resulting increase for the individual seat from the customer.

b) In the case of an increase in taxes and other charges under 4.1b), the trip price may be increased by the corresponding proportionate amount.

c) In the case of a change in exchange rates under 4.1c), the trip price may be increased to the extent that the trip has become more expensive for Elefant-Tours GmbH as a result

4.4. Elefant-Tours GmbH is obliged, at the customer's/traveller's request, to grant a reduction in the trip price if and insofar as the prices, charges or exchange rates mentioned in 4.1 a)–c) have changed after conclusion of the contract and before the start of the trip and this results in lower costs for Elefant-Tours GmbH. If the customer/traveller has paid more than the amount owed accordingly, the excess amount is to be refunded by Elefant-Tours GmbH. Elefant-Tours GmbH may, however, deduct from the excess amount to be refunded the administrative expenses actually incurred by Elefant-Tours GmbH. At the customer's/traveller's request, Elefant-Tours GmbH must prove the amount of the administrative expenses incurred.

4.5. Price increases are only permitted if they reach the customer no later than the 20th day before the start of the trip.

4.6. In the event of price increases of more than 8%, the customer is entitled, within a reasonable period set by Elefant-Tours GmbH at the same time as notifying the price increase, either to accept the change or to cancel the package travel contract free of charge. If the customer does not expressly declare cancellation of the package travel contract to Elefant-Tours GmbH within the period set by it, the change is deemed to have been accepted.

5.1. The customer can cancel the package travel contract at any time before the start of the trip. Cancellation must be declared to Elefant-Tours GmbH at the address given above/below; if the trip was booked through a travel agent, cancellation can also be declared to the latter. The customer is advised to declare cancellation in text form.

5.2. If the customer cancels before the start of the trip or does not begin the trip, Elefant-Tours GmbH loses its claim to the trip price. Instead, Elefant-Tours GmbH can demand reasonable compensation, unless the cancellation is not the customer's responsibility or unavoidable, extraordinary circumstances arise at the destination or in its immediate vicinity that significantly affect the carrying out of the package trip or the carriage of passengers to the destination; circumstances are unavoidable and extraordinary if they are not under the control of Elefant-Tours GmbH and their consequences could not have been avoided even if all reasonable precautions had been taken.

5.3. Elefant-Tours GmbH has set the following flat-rate compensation amounts, taking into account the period between the declaration of cancellation and the start of the trip, as well as the expected savings in expenses and the expected income from alternative use of the travel services. The compensation is calculated according to the time at which the declaration of cancellation is received, using the respective cancellation scale as follows:

Any differing details in an individual offer apply. All details are per person; for rental cars/campers, per vehicle. If several components are combined, the conditions of the individual components apply in each case and must be added together. For every cancellation, a flat processing fee of 50 euros per person is payable.

A) Flights: scheduled flights up to the 30th day before the start of the trip (before ticketing) 50 euro flat fee. Special fares and charter flights are subject to separate cancellation conditions, which are communicated to the customer before the booking is completed and noted again in the booking confirmation.

B) Guided safaris/round trips

up to the 31st day before departure 20% of the trip price
from the 30th to the 14th day before departure 60% of the trip price
from the 13th day before departure 90% of the trip price

C) Self-drive tours, accommodation:

up to the 30th day before departure 20% of the trip price
from the 29th to the 15th day before departure 50% of the trip price
from the 14th to the 8th day before departure 80% of the trip price
from the 7th day before departure 90% of the trip price

D) Campers and 4×4 vehicles

up to the 45th day before departure 20% of the trip price
from the 44th to the 31st day before departure 25% of the trip price
from the 30th to the 22nd day before departure 30% of the trip price
from the 21st to the 8th day before departure 50% of the trip price
from the 7th to the 3rd day before departure 60% of the trip price
from the 2nd day before departure 90% of the trip price

E) Rental cars

up to 7 days before the reserved rental start 50 euro flat fee
from 7 days before the reserved rental start 100 euro flat fee

When booking rental cars from the providers Hertz and AVIS, cancellation fees of up to 90% may apply.

5.4. The customer is in any case free to prove to Elefant-Tours GmbH that Elefant-Tours GmbH has suffered no loss at all, or a substantially lower loss than the flat-rate compensation demanded by Elefant-Tours GmbH.

5.5. Elefant-Tours GmbH reserves the right to demand a higher, specific compensation instead of the above flat rates, insofar as Elefant-Tours GmbH proves that it has incurred substantially higher expenses than the applicable flat rate. In this case Elefant-Tours GmbH is obliged to specify and substantiate the compensation demanded, taking into account the expenses saved and any alternative use of the travel services.

5.6. If Elefant-Tours GmbH is obliged to refund the trip price as a result of a cancellation, it must do so immediately, and in any case within 14 days of receipt of the declaration of cancellation.

5.7. The customer's statutory right under § 651e BGB to require Elefant-Tours GmbH, by notification on a durable medium, that a third party takes their place in the rights and obligations under the package travel contract, remains unaffected by the above conditions. Such a declaration is in any case in good time if it reaches Elefant-Tours GmbH 7 days before the start of the trip.

5.8. We strongly recommend taking out trip cancellation insurance as well as insurance covering repatriation costs in the event of accident or illness.

6.1. After the contract has been concluded, the customer has no right to changes regarding the travel date, destination, place of departure, accommodation, type of board, mode of transport or other services (rebooking). This does not apply if the rebooking is necessary because Elefant-Tours GmbH gave the traveller no, insufficient or incorrect pre-contractual information in accordance with Art. 250 § 3 EGBGB; in this case rebooking is possible free of charge.

If in other cases a rebooking is nevertheless made at the customer's request, Elefant-Tours GmbH may, provided the following deadlines are observed, charge the customer a rebooking fee for each traveller affected by the rebooking. Unless otherwise agreed in the individual case before the rebooking is confirmed, the rebooking fee up to 30 days before departure is 100 euros per traveller affected. Rebooking requests from the customer after this deadline has expired can, if they can be carried out at all, only be carried out after cancellation of the travel contract on the conditions set out in section 5.3 and simultaneous new registration. This does not apply to rebooking requests that cause only minor costs and are unproblematic for the tour operator. Rebooking in writing is recommended.

6.2. Rebooking requests from the customer made after the deadlines have expired can, if they can be carried out at all, only be carried out after cancellation of the package travel contract in accordance with section 5 on the stated conditions and simultaneous new registration. This does not apply to rebooking requests that cause only minor costs.

7.1.Elefant-Tours GmbH can cancel if a minimum number of participants is not reached, subject to the following provisions:

a) The minimum number of participants and the latest time at which the declaration of cancellation from Elefant-Tours GmbH must reach the customer must be stated in the respective pre-contractual information.

b) Elefant-Tours GmbH must state the minimum number of participants and the latest cancellation deadline in the trip confirmation.

c) Elefant-Tours GmbH is obliged to notify the customer of the cancellation of the trip immediately once it is certain that the trip will not take place because the minimum number of participants has not been reached.

d) Cancellation by Elefant-Tours GmbH later than 2 weeks before the start of the trip is not permitted.

7.2. If the trip does not take place for this reason, the customer will immediately receive back any payments made towards the trip price; section 5.6 applies accordingly.

8.1. Elefant-Tours GmbH can terminate the package travel contract without notice if the traveller, despite a warning from Elefant-Tours GmbH, persistently disrupts the trip or behaves in such a manner contrary to the contract that immediate cancellation of the contract is justified. This does not apply insofar as the behaviour contrary to the contract is caused by a breach of information obligations by Elefant-Tours GmbH.

8.2. If Elefant-Tours GmbH terminates, Elefant-Tours GmbH retains its claim to the trip price; however, Elefant-Tours GmbH must credit the value of the expenses saved as well as any benefits Elefant-Tours GmbH obtains from alternative use of the service not taken up, including amounts credited by the service providers.

9.1. Travel documents

The customer must inform Elefant-Tours GmbH or the travel agent through whom they booked the package trip if they do not receive the necessary travel documents (e.g. train ticket, hotel voucher) within the period communicated by Elefant-Tours GmbH.

9.2. Notification of defects / request for remedy

a) If the trip is not provided free of defects, the traveller can request a remedy.

b) Insofar as Elefant-Tours GmbH was unable to provide a remedy because the traveller culpably failed to notify the defect, the traveller can claim neither a price reduction under § 651m BGB nor damages under § 651n BGB.

c) The traveller is obliged to notify the representative of Elefant-Tours GmbH on site of their notification of defects immediately. If no representative of Elefant-Tours GmbH is present on site and none is contractually owed, any defects in the trip must be brought to the attention of Elefant-Tours GmbH via the contact point communicated by Elefant-Tours GmbH; information on how to reach the representative of Elefant-Tours GmbH or its local contact point is provided in the trip confirmation. The traveller can, however, also notify the travel agent through whom they booked the package trip of the defect.

d) The representative of Elefant-Tours GmbH is authorised to provide a remedy where this is possible. However, they are not authorised to acknowledge claims.

9.3. Setting a deadline before termination

If the customer/traveller wishes to terminate the package travel contract under § 651l BGB because of a defect in the trip of the kind described in § 651i para. (2) BGB, provided it is significant, they must first set Elefant-Tours GmbH a reasonable deadline to provide a remedy. This does not apply only if Elefant-Tours GmbH refuses to provide a remedy or if an immediate remedy is necessary.

9.4. Baggage compensation and delayed baggage on air travel, special rules and deadline for requesting a remedy

a) The customer is obliged to report loss, damage and delay of baggage in connection with air travel immediately on site to the responsible airline by means of a damage report (P.I.R.) in accordance with air transport law provisions. Airlines and tour operators may refuse reimbursement under international conventions if the damage report has not been completed. The damage report must be filed within 7 days in the case of damaged baggage, and within 14 days in the case of delays, after the baggage is handed over.

b) In addition, the loss, damage or misrouting of baggage must be reported to Elefant-Tours GmbH immediately, via the local representative or contact point, or the travel agent.

10.1. The contractual liability of Elefant-Tours GmbH for damage that does not result from injury to life, body or health and was not caused culpably is limited to three times the trip price. Any claims exceeding this under the Montreal Convention or the German Aviation Act remain unaffected by this limitation of liability.

10.2. Elefant-Tours GmbH is not liable for service disruptions, personal injury and damage to property in connection with services that are merely arranged as third-party services (e.g. arranged excursions, sporting events, theatre visits, exhibitions), if these services were expressly identified as third-party services in the trip description and the trip confirmation, stating the identity and address of the contractual partner arranged, so clearly that it is evident to the traveller that they are not part of the package trip from Elefant-Tours GmbH and were selected separately. §§ 651b, 651c, 651w and 651y BGB remain unaffected by this.

Elefant-Tours GmbH is, however, liable if and insofar as the breach of notification, information or organisational duties by Elefant-Tours GmbH was the cause of the traveller's loss.

The customer/traveller must assert claims under § 651i para. (3) no. 2, 4–7 BGB against Elefant-Tours GmbH. Claims can also be asserted via the travel agent if the package trip was booked through that travel agent. Asserting claims in text form is recommended.

12.1. With regard to the Consumer Dispute Resolution Act, Elefant-Tours GmbH points out that Elefant-Tours GmbH does not participate in voluntary consumer dispute resolution. Should consumer dispute resolution become mandatory for Elefant-Tours GmbH after these terms and conditions of travel have gone to print, Elefant-Tours GmbH will inform consumers of this in a suitable form. For all travel contracts concluded by electronic means, Elefant-Tours GmbH draws attention to the European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/.

12.2. For customers/travellers who are not nationals of a member state of the European Union or Swiss citizens, the exclusive application of German law is agreed for the entire legal and contractual relationship between the customer/traveller and Elefant-Tours GmbH. Such customers/travellers can sue Elefant-Tours GmbH exclusively at its registered office.

12.3. For actions brought by Elefant-Tours GmbH against customers or contractual partners of the package travel contract who are merchants, legal entities under public or private law, or persons who have their domicile or habitual residence abroad, or whose domicile or habitual residence is not known at the time the action is brought, the registered office of Elefant-Tours GmbH is agreed as the place of jurisdiction.