Travel contract, payment, benefits
§1 Completion of the travel contract
With the application the customer offers SEAWOLF – Diving Safari Red Sea, the close of a travel contract bindingly. The application can be done via Fax or E-Mail. It is done by the customer also for all listed participants on the application.
The customer is responsible for their contractual obligation as well as for his own. The contract comes about with the acceptation from SEAWOLF – Diving Safari. The acceptation is subject no special form. With conclusion of the contract or immediately after it SEAWOLF – Diving Safari will send the bill to the customer also as a confirmation.
With sending the bill/confirmation a deposit of 20 % is demanded. The rest payment has to be done at the latest 5 weeks before the start of the journey, like it is written in the bill, if the trip can not be cancelled any longer because of the reasons in number 6.1) or 6.2). Bookings within 4 weeks before start of the journey the customer has to pay the whole amount immediately. If the whole amount is not paid until beginning of the trip SEAWOLF – Diving Safari is released of obligation and can ask for the according rescission payment, if there is no right for refusal of payment.
Welcome on the airport from our tour leader. He will wait for the customer with a sign of SEAWOLF-Safari or from the travel agency and the visa in the airport. The tour leader will note the flight details of each customer for the flight back and reconfirm them.
INCLUDED IN THE SAFARI PRICE. Full board, 3 - 4 dives a day (depends on the weather and the travel time, night dives at Marine Parks are prohibited), tank, weight belt, led, air, dive guide, soft drinks. Additional costs are listed on our Website.
§4 Benefits- and price changing
Changes or discrepancies of particular travel benefits from the agreed travel contract which are necessary after conclusion of the contract and not against good faith effected by SEAWOLF – Diving are only allowed if the changes or variations are not extensive and don’t compromise the overall arrangement of the travel. Possibly guaranty claims will remain unaffected if the changed benefits are with imperfections. SEAWOLF – Diving Safari is bind to inform the customer immediately about changes or discrepancies.
When indicated the customer get offered a free change or free rescission. In case of price increase for more than 5 % after conclusion of the contract or in case of an extensive change of the travel benefits, the customer can resign at no charge or take part on an at least equal trip, if SEAWOLF – Diving Safari is able to offer a trip like that without price increase for the customer.
Change of reservation, cancellation
§5 Rescission of the customer, change of reservation, replacement
5.1. The customer can resign in any time from the trip. The income of the cancellation at SEAWOLF – Diving Safari is applicable. The customer is commended to declare the rescission in writing. If the customer cancels the travel contract or he don’t take part, SEAWOLF – Diving Safari will ask about alternative for the done travel arrangement and for the expenses.
For the calculation of the alternative, saved expenses and usual possible other applications have to be considered. SEAWOLF – Diving Safari can trivialize this recourse under consideration of the following classification of the closeness of the date for demission to the agreed departure date with a percentaged ratio to the travel price:
CANCELLATION PER PERSON
- generally 10 % of travel price
- from 45th until 30th day before departure 20%
- from 29th until 22nd day before departure 30%
- from 21st until 15th day before departure 50%
- from 14th until 2nd day before departure 75%
- 24 hours before departure 100%
CANCELLATION BY HALF- AND FULL CHARTER
- generally 10 % of travel price
- from 60th until 45th day before departure 20%
- 44th until 30th day before departure 50%
- 29th until 20th day before departure 75%
- 19th until departure 100%
5.2. If there are any changes from wish of the customer after booking the travel because of the date, the travel destination, place of departure, vacancy or the kind of transportation, SEAWOLF – Diving Safari can demand a rebooking charge per person.
5.3. Until the travel starts the customer can demand, that a third person get into his right and duty of the booking. If a third person joins the contract, he and the customer guarantee as the co-debtor for the travel price and for the possibly additional costs. If a booked travel is not taken or with own arrival missing the boat, with reasons not up to SEAWOLF, it is not a rescission of the travel contract so you are commit to pay the full amount of the travel price.
§6 Rescission and cancellation from SEAWOLF – Diving Safari
SEAWOLF – Diving Safari can resign from the contract before the travel in following cases:
6.1 Until 2 weeks before departure date in case of non achievement of the announcement or official defined minimum attendance, if in the subscription of the tour the minimum attendance is suggested.
In any case SEAWOLF – Diving Safari is committed to inform the customer immediately after the access of condition for the non implementation of the travel and to send him immediately the cancellation.
The customer retrieves the already paid travel amount immediately. If it appears at a prior date that the minimum attendance is not reachable, SEAWOLF – Diving Safari has to inform the customer immediately.
6.2. Until 4 weeks before departure
If the realization of the trip is not possible after consumption of all possibilities for SEAWOLF – Diving Safari because the booking appearance is so minor that SEAWOLF – Diving Safari would exceed the economic sacrificial limit relating to the travel if they would realize the trip.
The right of withdrawal for SEAWOLF – Diving Safari exist only if they are not responsible for the circumstances (for example no mistake of calculation) and if they submit a comparable replacement offer. If the trip is cancelled because of this reason, the customer gets the deposited travel price immediately back. Additional his booking expenses will be refund, if he doesn’t use the replacement offer.
Cancellation of the contract because of extraordinary circumstances
§7 Cancellation of the contract because of extraordinary circumstances
If the trip is considerable complicated, compromised or affected by not predictable force majeure at the booking term, SEAWOLF – Diving Safari as well as the customer can cancel the contract.
If the contract is cancelled, SEAWOLF – Diving Safari will ask for adequate compensation for the already provided benefits.
If the trip is not adduced conventionary, the customer can require corrective. SEAWOLF – Diving Safari can refuse the corrective if it requires a disproportional effort. SEAWOLF – Diving Safari can also find a remidy, that an equal indemnification is provided. SEAWOLF – Diving Safari can refuse the corrective, if it needs a disproportional effort.
8.2. Reduction of the journey rate
For the duration of a not conventionary supply of the trip, the customer can ask for a appropriate decrease of the journey rate (reduction).
The journey rate has to be decreased in a percentage, like the condition free from defect at the time of the travel sales, to the real value. The decrease doesn’t occur if the customer culpably fail to announce the deficit.
8.3. Cancellation of the contract
If the trip is extensive effected due to a defect and SEAWOLF – Diving Safari doesn’t accomplish corrective within an adequate attend the customer can, within the legal requirements, cancel the contract in his own interest and of evidence ensure reasons, purposefully by written declaration.
The same applies, if it is not expected of the customer because of a visible reason known by SEAWOLF – Diving Safari. The purpose of a term for the corrective is only not subjected, if a corrective is impossible or refused by SEAWOLF – Diving Safari, or if the immediate cancellation of the contract is justifiable with a special interest of the customer. He owes SEAWOLF – Diving Safari the part of the travel fee of the claimed benefits, if the benefits were interested for him.
The customer can, irrespectively of the decrease or the cancellation, ask for compensation because of default, unless SEAWOLF – Diving Safari is not responsible for the absence of the journey.
§9 Obligation to co-operate
The customer is committed to take part in occurred defaults within the legal requirements, to avoid possible damages or keep it humble.
The customer is particularly committed to submit his complaints immediately to the local representative. He or she is ordered to find a remedy, if it is possible.
Did the customer omit culpably to notify the deficit, the demand of a decrease is not defend.
§10 Invalidity of individual terms
The invalidity of individual terms of the travel contract doesn´t involve the invalidity of the complete travel contract.
The customer can sue SEAWOLF – Diving Safari only at the registered office. For claims of SEAWOLF – Diving Safari against the customer, the residence of the customer is authoritative, unless the complaint is against registered trader or person who changed the residence or habitual domicile abroad, or whose residence or habitual domicile is not common. In this cases the registered office of SEAWOLF – Diving Safari is authoritative.