Terms of Service
1 General terms and conditions of travel and contract
These General Terms and Conditions of Travel and Contract (hereinafter referred to as ARVB) are an integral part of every travel contract concluded between the customer and Tanzania Travelers GmbH. Together with the individual, written agreement and the legal regulations, the rights and obligations of the customer or all travel participants and Tanzania Travelers GmbH result from them.
2 Conclusion of contract
2.1 Conclusion of the contract
All published prices and services of Tanzania Travelers GmbH (e.g. flyers, on websites etc.) are not to be understood as an application according to Art. 7 para. 2 CO. An application by Tanzania Travelers GmbH only arises through the written transmission of an offer.
A travel contract is created between the customer and Tanzania Travelers GmbH. By agreeing to the offer in writing, by telephone or in person, both parties enter into a binding contract. A booking by the customer is understood as a binding application for the relationship of a service of Tanzania Travelers GmbH.
2.2 Provisional Reservation
A provisional reservation is possible for certain services, but does not constitute a binding contract for either party.
3 Scope of services
The scope of services corresponds in principle to the details communicated in writing to the customer (e.g. e-mail, travel description, invoice) and the publicly published services. In the event of contradictions, the information communicated in writing and specifically sent to the customer shall take precedence.
The scope of services of Tanzania Travelers GmbH can be reduced due to unforeseeable, non-culpable and unavoidable events (Art. 119 para. 1 CO). These events include natural disasters, political unrest, strikes, war, epidemics and pandemics. In this case, the customer is not entitled to a refund of the price.
4 Price
4.1 Determination of the price
The price shall be as communicated in writing. They are always cash prices. Unless otherwise stated, prices are per person. All prices are in Swiss francs and include VAT.
4.2 Price increases
If, after conclusion of the contract, higher costs arise for the fulfilment of the agreed services, Tanzania Travelers GmbH reserves the right to adjust the price subsequently. This applies in particular to:
- extraordinary price increases of hotels
- tariff changes at the travel destination (e.g. fuel surcharges)
- newly introduced or increased taxes or charges (e.g. parking fees, value added tax)
- changes in exchange rates
- plausible invoice and publication errors
Price increases can be made up to 21 days before the scheduled start of the journey. If the price increase is more than ten percent, the customer is entitled to withdraw from the contract within 5 days. In the event of withdrawal, the customer shall be entitled to a trip of equal or lesser value, insofar as this is possible. If the substitute journey is of inferior value, the customer shall be entitled to reimbursement of the difference. Further claims for damages are excluded.
4.3 Terms of payment
A deposit of 30 per cent of the price is payable 30 days after conclusion of the contract. The remaining amount is due 60 days before the start of the tour. If the contract is concluded less than 60 days before the planned start of the journey, the entire price is due without a deposit.
For issued air tickets as well as premiums for insurances, a payment in the amount of the total amount is due directly at the time of invoicing.
4.4 Default in payment
If the customer is in default of payment, Tanzania Travelers GmbH is entitled to withdraw from the contract without notice. Cancellation costs for the customer will be incurred in accordance with section 5.1.
5 Withdrawal, change or cancellation by the customer
5.1 Withdrawal before the start of the journey
The customer may withdraw from the tour at any time before the start of the tour. The withdrawal must always be made in writing. The withdrawal is considered binding as soon as Tanzania Travelers GmbH has confirmed it in writing.
5.2 Handling fee
If the customer withdraws from the contract, a handling fee of CHF 100.- per person or a maximum of CHF 200.- per order will be charged. Tanzania Travelers GmbH also charges a handling fee for name changes, changes of travel dates and for rebooking accommodation.
5.3 Cancellation fees
In case of cancellation or partial cancellation Tanzania Travelers GmbH charges the following costs in addition to the handling fees:
- up to 91 days prior to departure there are no cancellation charges.
- 90 - 61 days prior to departure: 20%.
- 60 - 31 days prior to departure: 50%.
- 30 - 15 days prior to departure: 75%.
- 14 - 0 days prior to departure: 100%.
Cancellation fees are waived in the following cases:
- The FDFA and/or the FOPH expressly advise against travel to the client’s destination after booking. In this case, only the proven expenses already incurred by Tanzania Travelers GmbH and the processing fees are due. If the FDFA and/or the FOPH advises against a trip even before the booking, it is assumed that the customer bears the risks himself/herself.
- The customer finds a substitute person who is willing to take over the travel contract under the same conditions with all rights and obligations instead of the customer. The substitute person must meet the requirements for the trip (e.g. visa, proof of vaccination, legal or official requirements). The change must also be accepted by all service providers. Any additional costs may be incurred. The customer and the substitute person are jointly and severally liable for the travel price, the handling fee and any additional costs.
The date of the written notice of cancellation received by Tanzania Travelers GmbH is decisive for the determination of the percentage.
For airfares, 100% of the airfare is charged as cancellation fees for cancellations and rebookings. Rebookings and name changes are treated as cancellation with rebooking.
5.4 Changes to the contract
In principle, the customer has no claim to changes to the contract after it has been concluded. If possible, Tanzania Travelers GmbH can make rebookings against a handling fee according to section 5.2.
A request for a rebooking must be submitted in writing. As soon as this has been confirmed by Tanzania Travelers GmbH, the rebooking is binding.
6 Withdrawal, change or cancellation by Tanzania Travelers Ltd.
6.1 Material error
If Tanzania Travelers GmbH is in a material error during the conclusion of the contract, the service provider may withdraw from the contract. A material error includes, but is not limited to, invoicing errors as well as errors on published media such as flyers or on the internet. If Tanzania Travelers GmbH withdraws from the contract due to a material error, the Customer is entitled to a refund of services already paid.
6.2 Inappropriate behaviour
If the customer or a travel participant behaves inappropriately so that it becomes unreasonable for Tanzania Travelers GmbH to comply with the contract, Tanzania Travelers Gmbh is entitled to withdraw from or cancel the contract. Handling fees and cancellation costs will be charged.
Inappropriate behaviour also includes:
- Inadequate travel preparation so that the trip becomes impossible (e.g. validity of passport, compulsory vaccinations, visas etc.).
- Non-compliance with the place and/or time of the procedure stipulated in the contract (e.g. at the airport, for ferries). If a trip is missed or not started at all, the customer is not entitled to a refund.
- Concealment of health problems that make a journey obviously unreasonable.
6.3 Reservation of right to change
Tanzania Travelers GmbH has the right to change an offer at any time and unilaterally. If a trip cannot be carried out as agreed due to unforeseeable or unavoidable circumstances, the tour operator is entitled to change parts of the service. This applies in particular to natural disasters, political unrest, strikes, war, epidemics and pandemics as well as overbooking.
If there is a substantial change in the contract due to changes in the services by Tanzania Travelers GmbH, the customer is entitled to withdraw from the contract within 5 days free of charge.
7 Complaints
If the customer has reason to complain during the trip, he/she must immediately report this to the service provider or the local Tanzania Travelers GmbH representative. The tour operator will try to solve the problem. If, despite all efforts, the problem cannot be solved on site, the customer is obliged to record the reason for the complaint and have it confirmed by the local representative or the service provider in order to assert any claims for compensation after the trip. For this purpose, the customer must send the written and confirmed complaint to Tanzania Travelers GmbH within 30 days after the trip. If the notification is not made within the 30 days, any claim for compensation will be forfeited.
8 Liability
8.1 Scope
Tanzania Travelers GmbH is liable for the proper fulfilment of the contract. This also applies to the careful organisation and supervision of the trip, unless the customer has his/her own insurance to cover the damage.
8.2 Limitation of liability
Tanzania Travelers will only accept damages in the amount of twice the tour price, unless personal injury is involved.
If the damage is due to the following causes, Tanzania Travelers GmbH is not liable:
- Failure by the customer (e.g. failure to comply with entry requirements, criminal prosecution, refusal of transport due to pregnancy).
- Unforeseeable or unavoidable omissions by third parties (strikes, delays etc.)
- Unforeseeable or unavoidable circumstances (e.g. natural disasters, political unrest, war, epidemics and pandemics, withdrawal of landing rights, official orders)
- Services booked locally (excursions, events, sports activities, etc.)
In case of pregnancy, the customer is obliged to inform himself/herself in advance about the transport conditions at the travel destination. Pregnancy must be communicated to Tanzania Travelers GmbH in writing.
9 Applicable law and place of jurisdiction
Swiss law is exclusively applicable. The place of jurisdiction is Aargau.
10 Miscellaneous
10.1 Ineffectiveness of a provision
Should one or more of the above provisions be or become invalid, this shall not affect the validity of the remaining provisions.
10.2 Travel Guarantee
Tanzania Travelers GmbH is a member of the Swiss Travel Security, a recognised Swiss guarantee fund. Customer funds are therefore insured against insolvency.
10.3 Insurances
Tanzania Travelers GmbH expressly recommends taking out travel cancellation insurance as well as insurance to cover repatriation costs in the event of accident or illness.
10.4 ARVB
Tanzania Travelers GmbH may unilaterally amend the ARVB at any time.
Status as of 09.02.2021