General Terms and Conditions of Travel

1. These Terms and Conditions apply exclusively to Take Tours Tanzania (hereinafter referred to as “Tour Operator”). Any conditions of the Traveler (hereinafter referred to as “Customer”) that are contrary to or deviating from these Terms and Conditions will not be recognized unless the Tour Operator has expressly agreed to their validity in writing. These Terms and Conditions of the Tour Operator shall also apply if the Tour Operator continues to carry out the service without reservation, in knowledge of the conflicting terms or deviations from the Customer’s terms.

2. The Tour Operator has the right, with permission from the Customer, to change these Terms and Conditions, provided that the changes are reasonable for the Customer. The alterations shall be deemed to have been approved if the Customer does not object to the alterations within six weeks of receiving the notification of change.

II. APPLICATION AND TOUR CONFIRMATION, PAYMENT

1. Upon registration for a tour, the Customer will receive a customized tour offer from the Tour Operator in English (the contractual language). By registering for the tour, the Customer offers to conclude a tour agreement with the Tour Operator, either orally, by telephone, in writing, via fax, email, or electronically, based on the customized tour offer and these Terms and Conditions. The tour agreement will come into effect upon the Tour Operator’s acceptance, which the Customer will be informed of through the tour confirmation.

2. After receiving the tour confirmation, a down payment of 30 percent of the tour price shall be due and payable, which will be offset against the full tour price. The remainder of the tour price (for bookings made closer to the departure date, the full tour price) shall be due and payable 45 days before the tour commences. Payments shall be made by wire transfer or regular bank telegraphic transfer, with the Tour Operator informing the Customer of the available payment options. The Customer will be responsible for covering any bank transfer fees.

III. SERVICES PROVIDED; CHANGE OF TRAVEL SERVICES

1. All services included in the tour agreement are outlined in the tour description and confirmed by the individual tour confirmation.

2. If changes to basic services (such as hotel reservations or car rentals) are necessary after the tour agreement has been concluded and these changes are not caused by the Tour Operator acting in bad faith, such alterations will only be permitted if they are of equal or greater value and do not impair the overall nature of the booked tour.

IV. CANCELLATION BY CUSTOMER

1. The Customer may cancel the tour agreement at any time before the tour begins. The determining moment for cancellation is the receipt of the cancellation by the Tour Operator. It is recommended that cancellations be made in writing.

2. If the Customer cancels the tour agreement, the Tour Operator is entitled to charge appropriate compensation for all travel services provided and any expenses incurred, the amount of which will be in line with the value of the tour price. The Customer is advised to take out travel cancellation insurance. The compensation for cancellation will be calculated as follows:

• More than 45 days before the arrival date: Full refund.
• Change of dates: Free of charge, up to 14 days prior to arrival.
• From 45 days before arrival or in case of no-shows: 100% cancellation fee of the total tour price.

The Customer may prove that the damage caused was either non-existent or considerably lower than the calculated lump sum.

The Tour Operator reserves the right to charge higher, individually calculated compensation instead of the standard cancellation fee and will prove this by considering any expenses saved and any other possible use of the travel services.

V. TERMINATION OF AGREEMENT DUE TO FORCE MAJEURE

1. If the tour becomes considerably more difficult, threatened, or impaired by unforeseeable force majeure (Acts of God) after the conclusion of the tour agreement, both the Tour Operator and the Customer may cancel the agreement. The Tour Operator may request appropriate compensation for the services already provided or those not yet provided.

2. The Tour Operator is obliged to take the necessary steps to arrange return transport for the Customer if applicable, with any additional costs for return transport being shared equally between the Tour Operator and the Customer. Any other additional costs will be borne by the Customer.

VI. OBLIGATIONS ON THE PART OF THE CUSTOMER; REMEDIES; SETTING OF DEADLINES BEFORE CANCELLATION BY CUSTOMER

1. The Customer is required to notify the local tour representative or the Tour Operator directly and request remedies from the respective party. The Tour Operator has provided an emergency telephone number for such situations, which is listed in the Tour Operator’s contact information. Remedies may be refused if they involve disproportionate expense. In such cases, the Tour Operator may offer a substitute service of equal or higher value.

2. If a tour is significantly impacted due to a deficiency and the Tour Operator fails to provide a remedy within a reasonable time, as set forth by the Customer, the Customer may cancel the tour agreement. The Customer is not required to set a deadline if remedies are impossible, refused by the Tour Operator, or if immediate cancellation is justified by special interests on the part of the Customer.

How long we retain your data

1. The contractual liability of the Tour Operator for any damage, except for physical injury, is limited to two times the tour price per Customer and per tour, provided the damage was not caused intentionally or by gross negligence, or if the Tour Operator is solely responsible for the injury due to the fault of a subcontractor.

2. The Tour Operator’s liability for property damage claims, arising from tortious liability but not due to willful intent or gross negligence, is limited to two times the tour price per Customer and per tour.

3. The aforementioned limitations of liability do not apply to claims in relation to travel luggage under the Montreal Convention. The Tour Operator recommends that the Customer purchase travel insurance for their tour.

VIII. TOUR OPERATOR LIABILITY INSURANCE

As required by Tanzanian law, the Tour Operator is insured for liability under the provisions of the Tanzania Tourism Law. This includes coverage for damages caused to Customers during the provision of tour services and for any unforeseen events that may impact the safety or comfort of the Customer.

The Customer shall be responsible for covering the cost of the Tour Operator Liability Insurance, which will be added to the total tour price. This insurance provides coverage for any potential incidents related to the Tour Operator’s services and ensures compliance with Tanzanian tourism regulations.

IX. OBLIGATION TO COOPERATE ON THE PART OF THE CUSTOMER

In the event of disruptions to Tour Operator services, the Customer is obliged to take reasonable steps, under the provisions of law, to mitigate any damage or minimize the extent of such damage.

X. PERIODS OF NOTIFICATION; EXCLUSION OF CLAIMS; EXPIRY; PROHIBITION OF ASSIGNMENT

1. All claims for contractual remedies or damages must be notified to the Tour Operator within one month following the contractual end of the tour. After this period, the Customer may only submit a claim if prevented from doing so without fault.

2. Claims for lost, damaged, or delayed luggage must be reported to the local travel guide or Tour Operator within the stipulated period as per international treaties: 7 days for lost luggage and 21 days for delayed luggage.

3. Claims for property or financial damage arising from the tour agreement will expire in one year, unless caused by gross negligence or willful intent. The expiration period begins on the day after the contractual end of the tour.

4. Assignment of claims to third parties is prohibited, except among family members.

XI. DATA PROTECTION

The personal information provided by the Customer to the Tour Operator will be processed electronically as necessary for the establishment, execution, or conclusion of the tour agreement and for Customer care purposes. The Customer’s data will not be transmitted to unauthorized third parties.

XI. DATA PROTECTION

If individual provisions of these Terms and Conditions are legally invalid, the remaining provisions will remain effective.