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Terms and Conditions

Dear travelers, the travel conditions become part of the travel contract between you (customer/traveler) and Wanderlust Africa (tour operator) and are effectively agreed upon at the time of booking. Please read the following General Terms and Conditions carefully.

Terms & Conditions Status: February 2025

1. Conclusion of the Travel Contract

1.1 By registering (booking form), the customer makes a binding offer to Wanderlust Africa (hereinafter referred to as the “Tour Operator”) to conclude a travel contract.

1.2 Registration can be made in writing, orally, by telephone, or electronically (e.g., via email). The booking becomes binding for the Tour Operator only when it has been confirmed in writing to the traveler. The traveler is bound to their registration until it is accepted by the Tour Operator, but for no longer than 16 days from the date of registration.

1.3 The customer is responsible for all contractual obligations of fellow travelers for whom they make the booking, as they are for their own obligations, provided that they have expressly and separately undertaken this responsibility.

1.4 The contract is concluded upon receipt of the booking confirmation (declaration of acceptance) from the Tour Operator. This does not require any specific form. The Tour Operator will provide the customer with a written travel confirmation at or promptly after the conclusion of the contract.

1.5 If the content of the Tour Operator’s travel confirmation deviates from the content of the booking, this constitutes a new offer from the Tour Operator, to which they are bound for 10 days. The contract is concluded on the basis of this new offer if the customer declares their acceptance to the Tour Operator within the binding period by an express declaration or down payment.

1.6 For bookings (e.g., flights, supplementary programs, personal accommodations) made independently by the customer outside the agreed services, the Tour Operator assumes no liability, particularly if these have negative impacts on the booked trip (e.g., flight delays).

1.7 For flight bookings, the Tour Operator acts solely as an intermediary. The transport contract is concluded directly between the traveler and the airline. Therefore, the general terms and conditions of the respective airlines, including their cancellation and rebooking conditions, which depend on the booked fare, apply. The Tour Operator is happy to provide information on this matter.

2. Payment

2.1 Tour operators may only request or accept payments toward the travel price prior to the end of the trip if the customer has been provided with a security certificate. After the contract is concluded, a deposit amounting to 20% of the travel price becomes due upon delivery of the security certificate. This payment must be made within 7 days of receiving the invoice. Please note that in certain cases, depending on the payment conditions of our local service partners, a higher deposit of up to 25% of the travel price may be required. The exact deposit amount will be specified on the invoice in such cases and is binding. The remaining balance is due 30 days before the start of the trip, provided the security certificate has been issued. Please note that certain bookings may have different payment deadlines if they depend on the payment conditions of our local service partners. In such cases, the applicable payment deadlines will be clearly and explicitly stated on the invoice and are binding. If the customer fails to make the deposit and/or final payment in accordance with the agreed payment deadlines, the tour operator is entitled, after issuing a reminder with a set deadline, to withdraw from the travel contract and charge the customer withdrawal costs in accordance with clauses 5.2, sentences 2 to 5.5.

2.2 The amount for intercontinental flights booked through the tour operator becomes due immediately after the booking is confirmed and the corresponding invoice is issued.

3. Contractual Services

The contractual services are determined by the service descriptions in the offer and the related details in the travel confirmation. The information contained in the offer is binding for the tour operator. However, the tour operator explicitly reserves the right to make changes to the information in the offer before the contract is concluded. The customer will, of course, be informed of such changes prior to booking.

4. Changes to Services and Prices After Contract Conclusion

4.1 Changes or deviations in individual travel services from the agreed content of the travel contract that become necessary after the contract is concluded and are not caused by the tour operator contrary to good faith are permitted only insofar as the changes or deviations are not significant and do not affect the overall nature of the booked trip.

4.2 Any warranty claims remain unaffected to the extent that the modified services are defective.

4.3 The tour operator is obligated to inform the customer immediately upon becoming aware of the reason for significant changes to services.

4.4 In the event of a significant change to a key travel service, the customer has the right to withdraw from the travel contract free of charge or to request participation in a trip of at least equivalent value, provided the tour operator is able to offer such a trip from its portfolio at no additional cost to the customer. The customer must assert these rights promptly after the tour operator announces changes to travel services or the cancellation of the trip.

4.5 The tour operator reserves the right to change the advertised and confirmed prices, particularly in the event of an increase in transportation costs or charges for certain services, such as port or airport fees, or changes in exchange rates applicable to the trip, as follows: If the transportation costs existing at the time of the travel contract increase, particularly fuel costs, the tour operator may raise the travel price in accordance with the following calculation:

a) In the case of an increase based on the cost per seat, the tour operator may charge the customer the increased amount.

b) In other cases, the additional transportation costs requested by the transportation company per means of transport will be divided by the number of seats in the agreed mode of transportation. The resulting increase per seat can be charged to the customer by the tour operator.

c) If exchange rates change after the travel contract is concluded, the travel price may be increased to the extent that the trip becomes more expensive for the tour operator as a result.

4.6 An increase is permissible only if more than two months lie between the conclusion of the contract and the agreed travel date, and the circumstances leading to the increase had not occurred prior to the contract’s conclusion and were not foreseeable by the tour operator at the time. This does not apply to fees charged locally by governmental entities, such as park fees for national parks, which can sometimes change at very short notice. The tour operator or the local partner agency cannot be held responsible for this country-specific practice. The customer must pay the difference to the original travel price, either before the trip begins or directly on-site.

4.7 In the event of a subsequent change to the travel price, the tour operator will inform the customer immediately. Price increases occurring within 20 days before the trip starts are invalid. If price increases exceed 8%, the customer has the right to withdraw from the travel contract without fees or to demand participation in a trip of at least equivalent value, provided the tour operator can offer such a trip from its portfolio at no additional cost to the customer. The customer must assert these rights promptly after the announcement of the price increase.

5. Customer Withdrawal

5.1 The customer may withdraw from the trip at any time before the trip begins. The effective date is when the withdrawal notice is received by the tour operator. Customers are advised to submit the withdrawal notice in writing.

5.2 If the customer withdraws before the trip begins or fails to commence the trip, the tour operator loses the right to the travel price. Instead, the tour operator may demand reasonable compensation for the travel arrangements made and expenses incurred up to the time of withdrawal, provided the withdrawal is not attributable to the tour operator or due to force majeure.

5.3 The tour operator calculates this compensation on a graduated basis, considering the proximity of the withdrawal date to the contractual start of the trip, as a percentage of the travel price. This calculation accounts for typically saved expenses and the potential for alternative use of travel services. Compensation is calculated based on the date the withdrawal notice is received as follows:

  • Up to 60 days before departure: 20% of the travel price
  • 59 to 30 days before departure: 50% of the travel price
  • 29 to 20 days before departure: 70% of the travel price
  • 19 to 15 days before departure: 80% of the travel price
  • 14 to 8 days before departure: 95% of the travel price
  • 7 days or less before departure or in case of no-show: 100% of the travel price

5.4 The customer always has the right to prove to the tour operator that no damage was incurred or that the actual damage is significantly less than the compensation demanded.

5.5 The tour operator reserves the right to claim higher, specific compensation instead of the above-mentioned fixed rates if the tour operator can prove that significantly higher expenses were incurred than those covered by the applicable fixed rate. In such cases, the tour operator is obligated to specifically quantify and substantiate the demanded compensation, taking into account saved expenses and any alternative use of the travel services.

5.6 Up to 20 days before departure, the traveler may request that a third party assume their rights and obligations under the travel contract. A change in the person of the traveler is subject to the specific terms and conditions of the respective service providers (e.g., airlines, local partner agencies, accommodations). The tour operator charges a processing fee of €50 for such changes. The tour operator may reject the substitution if the third party does not meet the specific travel requirements or if official regulations prevent the substitution. If a third party enters into the contract, both the original traveler and the substitute are jointly liable to the tour operator for the travel price and any additional costs arising from the substitution.

6. Rebooking

6.1 After the contract has been concluded, the customer does not have the right to request changes regarding the travel date, destination, departure location, accommodation, or mode of transport (rebooking). The tour operator must charge the customer costs equivalent to those that would apply for withdrawal at the time of rebooking, as outlined in Section 5. For minor changes, the tour operator charges only a processing fee of €50, plus any additional costs incurred by hotels or other service providers booked by the customer.

6.2 If additional costs arise due to incorrect information provided by the customer (e.g., requiring a paid change of reservation due to an incorrect or incomplete name), the tour operator may charge the customer a processing fee of €25, plus the actual costs incurred, up to 30 days before departure.

6.3 Customer requests for rebooking submitted after the deadline can only be processed, if feasible, by withdrawing from the travel contract under the terms of Section 5 and simultaneously rebooking as a new reservation.

7. Services Not Utilized

If the customer does not utilize individual travel services that were properly offered, for reasons attributable to them (e.g., due to early return or other compelling personal reasons), they are not entitled to a partial refund of the travel price. The tour operator will endeavor to obtain reimbursement for the unused expenses from the service providers. However, this obligation does not apply if the unused services are insignificant or if legal or official regulations preclude reimbursement.

8. Withdrawal and Termination by the Tour Operator

The tour operator may withdraw from the travel contract before the trip begins or terminate the travel contract after the trip begins in the following cases:

8.1 Without notice for behavioral reasons: If the customer persistently disrupts the trip despite a warning from the tour operator or behaves in a manner that significantly breaches the contract, thereby justifying immediate termination of the contract. If the tour operator terminates the contract, they retain the right to the travel price but must deduct the value of any saved expenses and benefits obtained from alternative use of unused services, including refunds received from service providers.

8.2 Up to 4 weeks before the trip begins: If the minimum number of participants specified in the travel announcement or required by authorities is not reached, provided the travel announcement for the respective trip references a minimum participant requirement. The tour operator is obligated to inform the customer immediately once it becomes clear that the trip cannot proceed due to insufficient participants and to issue the withdrawal notice without delay. Withdrawal must be declared to the customer no later than the 30th day before the scheduled start of the trip. The customer will receive a full refund of the travel price immediately. If it becomes evident at an earlier stage that the minimum number of participants will not be reached, the tour operator must notify the customer at that time.

9. Termination of the Contract Due to Extraordinary Circumstances

9.1 If the trip becomes significantly more difficult, dangerous, or impaired due to unforeseeable force majeure at the time of contract conclusion, both the tour operator and the traveler may terminate the contract. In the event of termination, the tour operator may demand reasonable compensation for travel services already provided or still to be provided in order to complete the trip.

9.2 Additionally, the tour operator is obligated to take the necessary actions, especially if the contract includes return transport, to return the traveler. The additional costs for the return transport are to be borne equally by both parties. Any other additional costs will be borne by the traveler.

9.3 If the trip must be canceled due to extraordinary circumstances (§ 651h, Section 3 BGB), through no fault of the contracting parties, a service fee will be charged per booking. This fee covers services already rendered, such as consultation, offer creation, booking and cancellation processing, as well as communication with service providers. The amount of the service fee is structured as follows:

  • For bookings with up to 3 people: 180 Euros.
  • For each additional person from the 4th person onwards: an additional 60 Euros per person.

The service fee will be transparently communicated to the traveler before the contract is concluded and is independent of the travel price. Already paid travel prices will be refunded, minus this service fee.

10. Obligations of the Customer

10.1 Notice of Defects: If the trip is not provided in accordance with the contract, the customer may demand remedy. However, the customer is obligated to immediately inform the tour operator of any defects that occur. If the customer fails to do so intentionally or negligently, there will be no reduction in the travel price. This does not apply if the notice is clearly hopeless or unreasonable for other reasons. The customer must notify the tour guide on-site of any defects as soon as possible. If there is no tour guide on-site, any defects should be reported to the tour operator at its registered office. Information on how to reach the tour guide or the tour operator will be provided in the service description, and at the latest, with the travel documents. The tour operator recommends informing the relevant service providers (e.g., hotel, airline) about defects and requesting a remedy. The tour guide is tasked with providing a remedy where possible but is not authorized to acknowledge claims.

10.2 Setting a Deadline Before Cancellation: If a customer wishes to cancel the travel contract due to a defect as defined in § 651c BGB or for an important, recognizable reason under § 651e BGB, they must first give the tour operator a reasonable period of time to remedy the issue. This does not apply if remedying the issue is impossible or if the tour operator refuses, or if immediate cancellation is justified by a particular interest of the customer that is clear to the tour operator.

10.3 Luggage Damage and Luggage Delay: For damages or delivery delays in air travel, the tour operator strongly recommends that the customer immediately file a damage report (P.I.R.) with the relevant airline on-site. The damage report must be filed within 7 days for damaged luggage and within 21 days for delayed luggage after receipt. Additionally, any loss, damage, or misdirection of travel luggage should be reported to the tour guide or the local representative of the tour operator.

10.4 Duty to Mitigate Damages: The customer must prevent damage from occurring and minimize any damage that does occur. Specifically, they must inform the tour operator of any risk of damage.

10.5 Travel Documents: The customer must inform the tour operator if they do not receive the required travel documents (e.g., flight tickets, hotel vouchers) within the timeframe communicated by the tour operator.

11. Limitation of Liability

11.1 The contractual liability of the tour operator for damages not arising from injury to life, body, or health is limited to three times the travel price:

a) insofar as the damage to the customer is not caused intentionally or through gross negligence, or

b) insofar as the tour operator is responsible for a damage incurred by the customer due to the fault of a service provider.

11.2 The tort liability of the tour operator for property damage, which is not based on intent or gross negligence, is limited to the amount of three times the travel price per traveler and per trip.

11.3 The tour operator is not liable for service disruptions, personal injuries, and property damage related to services that are only intermediated as third-party services, if these services are explicitly identified as third-party services in the travel advertisement and booking confirmation, along with the name of the contracted third-party service provider, making it clear to the customer that these services are not part of the tour operator’s travel services. However, the tour operator is liable:

a) for services that include the transport of the customer from the designated starting point of the trip to the designated destination, intermediate transport during the trip, and accommodation during the trip.

b) if and to the extent that a customer’s damage is caused by the tour operator’s breach of information, clarification, or organizational duties.

11.4 The tour operator is not liable for services that the traveler takes advantage of during the package trip and which are not provided by the tour operator or its representatives on-site, but instead are organized or mediated by the hotel, other persons, or companies acting independently.

12. Exclusion of Claims and Limitation Period

12.1 Claims for non-contractual provision of the trip must be made by the customer at the latest within one month after the contractually agreed end date of the trip. After the expiration of this period, the customer can only make claims if they were prevented from meeting the deadline through no fault of their own.

12.2 Claims by the customer under §§ 651c to 651f of the German Civil Code (BGB) are subject to a limitation period of one year. The limitation period begins on the day the trip should have ended according to the contract. If there are negotiations between the customer and the tour operator regarding the claim or the circumstances that give rise to the claim, the limitation period is suspended until the customer or the tour operator refuses to continue the negotiations. The limitation period expires no earlier than three months after the suspension ends.

13. Obligation to Inform About the Identity of the Operating Airline

The EU Regulation requires tour operators, travel agents, and intermediaries of transport contracts to inform travelers about the identity of the operating airline before the respective flight transportation, as soon as it is confirmed. If this information is not available at the time of booking, the likely operating airline must be indicated. In the event of a change of the operating airline after the booking has been made, the traveler must be informed immediately.

14. Insurance

The purchase of trip cancellation insurance and insurance to cover repatriation costs in case of accident or illness is recommended.

 15. Passport, Visa, and Health Regulations

15.1 The tour operator will inform citizens of a European Community country, where the trip is being offered, about passport, visa, and health regulations before the contract is concluded, as well as about any changes to these regulations before the trip. For citizens of other countries, the relevant consulate will provide information. It is assumed that there are no special circumstances regarding the customer or any accompanying travelers (e.g., dual nationality, statelessness).

15.2 The customer is responsible for obtaining and carrying the necessary travel documents, any required vaccinations, and complying with customs and currency regulations. Any disadvantages arising from failure to comply with these regulations, such as the payment of cancellation fees, are at the customer’s expense. This does not apply if the tour operator is at fault for failing to inform the customer adequately or correctly.

15.3 The tour operator is not responsible for the timely issuance and receipt of necessary visas by the respective diplomatic mission if the customer has tasked the operator with obtaining them, unless the tour operator has breached its own duties negligently.

16. Information on the Consumer Dispute Resolution Act (VSBG)

The tour operator informs in accordance with the Consumer Dispute Resolution Act that they do not participate in voluntary consumer dispute resolution. If consumer dispute resolution becomes mandatory for the tour operator after the publication of these terms and conditions, the tour operator will inform the customer about this in an appropriate manner. For all travel contracts concluded in electronic legal transactions, the tour operator refers to the European Online Dispute Resolution platform: http://ec.europa.eu/consumers/odr/

17. Data Privacy

Data is collected and used exclusively for contract initiation, travel preparation, execution of the trip, contract processing, and customer service, including advertising for our own offers. The data will be stored for the duration of our business relationship, at least until the expiration of the statutory retention periods. Under the General Data Protection Regulation (GDPR) effective since May 25, 2018, you also have the right to free access, correction, deletion, restriction of processing, and data portability in accordance with Articles 15 to 20. To exercise your rights, please contact the details provided at the end of the terms and conditions. Further information in accordance with the GDPR can be found on our website under “Data Privacy.”

18. Choice of Law

The contractual relationship between the customer and the tour operator is exclusively governed by German law. This also applies to the entire legal relationship. If, in the event of lawsuits brought by the customer against the tour operator abroad, foreign law is applied in principle for the liability of the tour operator, German law shall apply exclusively with regard to the legal consequences, particularly concerning the nature, scope, and amount of the customer’s claims.

19. Jurisdiction

19.1 The customer may only file a lawsuit against the tour operator at its place of business.

19.2 In the case of lawsuits by the tour operator against the customer, the customer’s place of residence is decisive. For lawsuits against customers or contractual partners of the travel contract who are merchants, legal entities under public or private law, or individuals who have their place of residence or habitual residence abroad, or whose place of residence or habitual residence is unknown at the time of filing the lawsuit, the place of jurisdiction shall be the tour operator’s place of business.

Tour Operator
Wanderlust Africa
Owner: Alexandra Katzer
Austrasse 42/1
97980 Bad Mergentheim
Germany
Status: February 2025

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