Land Rover Experience Tour Namibia 2017
Agentur fur Promotion und Service GmbH (APS) is the operator and your contract partner. Under an agreement with Jaguar Land Rover Limited, APS is authorised to provide certain services under the designation 'Jaguar Land Rover Experience Adventure Programme'
Terms of Liability
(Provisions and key information concerning your off-road tour)
Any entitlement to participation, or to any specific scope of services, shall exist only to the extent stipulated in the Specification of the Tour Services and/or the Tour Operator's General Terms and Conditions (GT&Cs) [Annex 01]. If you wish for any particular on-site services beyond the board and accommodation services offered, you will have to order these on site at your own expense. The APS team shall be of assistance to you as regards such separate services. The journey to the place of departure must be organized by you yourself on your own account. You must adhere to the times pre-specified.
Please thoroughly read through this contract and the General Terms and Conditions. By affixing your signature, you confirm that these provisions are binding.
The basic terms and rules set out below shall apply to off-road tours:
1.) General Risks associated with an Off-road Event
The tour that you have booked is an adventure event that places consider-able demands on man and material. Driving on difficult terrain / in difficult track conditions may lead to extreme stresses. Sand, dust, high humidity and unfavorable weather conditions etc. in the country of the tour may impact upon you and your personal equipment. Fundamentally, the tours are suitable only for fully fit, healthy, resilient adults with a full driving licence for cars and at least one year's driving experience.
Each participant should only do what he feels capable of doing. Many activities involve risks. Each participant must decide himself what risk he wishes to take.
If you are travelling as a legal guardian of a participant who is a minor, you need to be aware that you will be specifically responsible for assessing the risk and for making decisions on behalf of such tour participant.
2.) Driving Licence
Fundamentally, the participant must hold a valid driving licence for cars, if he wishes to move a vehicle in the course of the tour. Such driving licence shall be carried in the original during the tour and be shown before the tour begins. If a participant fails to show a valid driving licence, he shall not be permitted to drive an off-road vehicle under any circumstances. So do not forget your driving licence!
3.) Road Traffic
Regulations - Off-road Regulations
The participant shall comply with and observe the road traffic regulations or the special regulations for the terrain driven on. Any costs caused by the participant as a result of criminal offences / regulatory offences or the like shall be borne by the participant.
4.) Requirement to Wear a Seat Belt
The participant shall fasten his seat belt and keep all windows closed whilst driving the car.
5.) Right to Issue Directives
APS employees, particularly the driving instructors, shall be fully authorised to issue directives. All instructions shall be strictly followed, so that neither the participant himself nor other persons are harmed, and no property is damaged, as a result of the participant's conduct. Breaches may lead to expulsion from the tour and loss of insurance cover.
6.) No Drink or Drug Driving
The participant shall be prohibited from driving a vehicle whilst under the influence of alcohol (zero alcohol level), drugs or any other medicine or agents that impair his fitness to drive.
7.) Vehicle Occupancy
Fundamentally, the vehicles shall be occupied by two persons (max. 4) during the tour. The drivers within the team shall take turns driving. The instructors shall be unconditionally entitled to issue directives. There shall be no entitlement to a specific vehicle or type of vehicle, to a specific driving time or route or to a specific occupancy of the vehicles. Fundamentally, participants who are minors shall be assigned to their guardians.
8.) Replacement Vehicles
Owing to the extreme routes, the vehicles used may break down, despite good maintenance, or become damaged as a result of accidents. The tour operator shall endeavor to make a suitable replacement vehicle available forthwith. Depending upon the place of stay, it may take several days to provide a replacement vehicle. During such downtime, the tour participants shall be allocated to the remaining vehicles, including convoy vehicles.
9.) Insurance for Vehicles, the Participant's Own Liability
The vehicles shall be fully comprehensively insured with a policy excess of up to € 1,000.- per claim. The participant himself shall be liable, without limitation in terms of the amount, in cases where he has brought about damage, injury or loss with wrongful intent or by gross negligence.
Additionally, the participant himself shall be liable without limitation in cases where damage, injury or loss arose whilst he was driving the vehicle under the influence of alcohol (zero alcohol level), drugs or any other medicine or agents that impair his fitness to drive. This liability shall cease to apply only if the participant proves that such damage, injury or loss was not caused by his being under the influence of alcohol, drugs, medicine or other agents.
The tour operator shall be liable in accordance with Section 11 of its General Terms and Conditions.
10.) Insurance for Accidents and Illness
There shall be no separate accident insurance for the tour. Normally, any accident is covered by the participant's own insurance. The participant is advised to check his accident insurance cover.
Insofar as additional insurance cover is wished for, the participant himself shall be responsible for taking out additional cover on his own account.
Costs incurred as a result of illness during the tour, e.g. expenditure on any transportation home that may be needed, shall be borne by the participant himself. If the participant's state of health gives reason for concern, he shall consult a doctor prior to starting the tour. The participant is strongly advised to check his own foreign travel health insurance cover, including the risk of requiring return transportation.
On request, the tour operator shall provide advice or recommendations relating to issues of insurance law.
General Travel Terms and Conditions of APS GmbH (Annex 1), Am Sportplatz 26a, 42489 Wuelfrath, Germany ("Tour Organizer"). Valid for all offers provided by the Tour Organizer in relation to Land Rover Experience / APS GmbH.
Please take time to read these terms and conditions thoroughly because your confirmed booking is an automatic acceptance thereof. Upon their acceptance, the following terms and conditions become an irrevocable part of the contract between the Tour Organizer and the Customer. They are an amendment to the legal requirements set out by §§ 651 a to m BGB (German Civil Code) and the requirement for a Tour Organizer to provide information in accordance with §§ 4 to 11 BGB-InfoV (the statutory ordinance concerning information and the burden of proof in accordance with the German Civil Code), satisfying these requirements in full.
- Concluding a travel contract / customer obligations
1.1 Valid for all bookings irrespective of how they are undertaken:
a) The description of the experience and supporting documentation provided by the Tour Organizer form the basis of the respective offer insofar as they are available to the Customer at the time of booking.
b) The Customer is responsible for all of his/her own contractual obligations as well as those of any fellow travellers on behalf of whom the Customer has booked insofar as he assumes these obligations by way of a separate and explicit declaration.
c) Should the content of the Tour Organizer’s declaration of acceptance differ from the content of the booking, this constitutes a new offer on the part of the Tour Organizer to which he is bound for a period of no less than ten days. The contract under the new terms becomes valid when the Customer signals his acceptance within the binding period either by an explicit declaration or a downpayment.
1.2 The following applies to all bookings made in writing by email or fax:
a) When placing his/her booking, the Customer is bound by his/her offer to the Tour Organizer to enter into a travel contract.
b) With the booking the Tour Organizer confirms the booking and the contract is deemed agreed. Upon conclusion of the agreement, or immediately thereafter, the Tour Organizer shall provide the Customer with a written confirmation.
1.3 The following applies to bookings made electronically (for example via the Internet):
a) The online booking process will be explained to the Customer on the relevant website.
b) The Customer is provided with an explanation as to how he/she may alter his/her entries, delete or reset the entire online booking form.
c) The contractual languages necessary to complete the online booking are listed.
d) The Customer receives an information to this effect and instructions as to how he/she can retrieve the content at a later time.
e) By pressing the button “Book and Pay”, the Customer offers the Tour Organizer a legally binding contract.
f) The Customer immediately receives an electronic confirmation that his order has been received.
g) The transmission of the travel booking by pressing the “Book and Pay” button does not provide the Customer with any rights in respect of the booking being accepted by the Tour Organizer. The contract becomes effective once the Customer receives the booking confirmation from the Tour Organizer which may be effected by telephone, email, fax or in writing.
h) Should the booking confirmation be provided immediately after the “Book and Pay” button is pressed by way of an on-screen booking confirmation, then the booking becomes binding as a result of this on-screen confirmation without a requirement for any further communication regarding its receipt. In this case, the Customer is provided with the opportunity to save and print the booking confirmation. However, the validity of this travel contract is not dependent upon whether or not the Customer makes use of the ability to save or print the booking confirmation.
2.1 The Tour Organizer may only demand or accept payment before the trip is completed if the Customer is provided with the Certificate of Insurance. A deposit of 20% of the travel price is due upon completion of the contract and surrender of the Certificate of Insurance.
The outstanding sum is due at the latest six weeks before the trip commences insofar as the Certificate of Insurance has been surrendered and the trip can no longer be cancelled in accordance with paragraph 8 below.
2.2 If the Customer does not pay the deposit and / or settle the outstanding sum within the due period, the Tour Organizer has the right to withdraw from the contract if payment reminders with deadlines remain unfulfilled and to charge the Customer with cancellation costs as detailed in Paragraph 4 Sections 4.2 to 4.6.
2.3 Settlements via bank transfer must be paid into the bank account shown on the invoice.
- Alterations to the travel services
3.1 Alterations to the services outlined in the contract which become necessary after the contract is concluded and are imposed by the Tour Organizer in good faith are only permitted insofar as the alterations are not significant and do not impact the overall design of the trip.
3.2 Possible warranty claims are not affected insofar as the services altered have their shortcomings.
3.3 The Tour Organizer is bound to inform the Customer of any alterations to the services provided immediately upon becoming aware of the alterations.
3.4 The Customer is entitled to rescind the contract in the case of significant alterations to an essential travel service, or to participate on an alternative tour of similar value if the Tour Organizer can provide such a trip form his portfolio at no extra charge to the Customer. The Customer must make such a claim immediately after the Tour Organizer informs him/her of the alterations to the services or cancellation of the trip.
- Withdrawal by the Customer before the start of the trip / cancellation fees
4.1 The Customer can withdraw from the trip at any time before the start of the trip. The Tour Organizer must be notified of the withdrawal at the stated address. The Customer is advised to serve notice of his withdrawal in writing.
4.2 If the Customer should withdraw from the tour before the start of the trip, or if he should not start the journey, the Tour Organizer loses entitlement to the tour price. The Tour Organizer can however, insofar as he is not responsible for the withdrawal or in the case of force majeure, can charge a reasonable compensation for the costs related to preparations prior to the start of the tour and expenses related to the tour price in accordance with the scale set out in paragraph 4.3 below.
4.3 The Tour Organizer has scaled this compensation claim chronologically, that is, taking into consideration the closeness of the time of withdrawal to the contractually stipulated start of the trip generalized in a percentage proportion of the travel price and has considered any normally saved expenses and generally possible other uses of travel services in the calculation of the compensation. The compensation is calculated according to the date of the withdrawal as follows:
The cancellation charges for air travel packages up to 30 days before the start of the trip 20%, or at least 40 Euros per person,
from the 29th to the 22nd day before the start of the trip 25%,
from the 21st to the 15th day before the start of the trip 30%,
from the 14th to the 7th day before the start of the trip 50%,
from the 6th to the 3rd day before the start of the trip 65%,
from the 2nd day before the start of the trip 80% of the cost of the trip.
4.4 The Customer is in any case entitled to provide evidence that the Tour Organizer has not incurred any or incurred less costs than the claimed compensation.
4.5 The Tour Organizer has the right to calculate a different compensation to the scaled compensation if the Tour Organizer can prove he has incurred substantially higher costs than those covered by the scaled compensation. In this case the Tour Organizer is bound to provide evidence of the requested compensation considering any normally saved expenses and generally possible other uses of the travel services.
4.6 The Customer’s rights in accordance with § 651 b BGB to propose a substitute participant remains unaffected.
- Changing the reservation
5.1 The Customer does not have the right to change the travel dates, the destination, the point of departure, the accommodation, or the mode of transport (re-booking). However, if any changes to the reservation are made in response to the Customer’s request, the Tour Organizer is entitled to charge a fee within the following time limit. The compensation fee for air travel packages up to 29 days before the start of the trip is 20% of the cost (at least 40 Euros per customer per activity).
5.2 Reservation changes made upon the Customer’s request after the time limits have expired, if they are at all possible, are in accordance with a withdrawal under the terms covered in Section 4.2 to 4.5 and simultaneous rebooking. This does not apply to reservation changes incurring nominal costs.
- Unused services
If the Customer chooses to not use services offered to him/her for personal reasons (such as an early return journey or other mandatory reasons), he is not entitled to reimbursement of the tour price. The Tour Organizer will try to have the relevant costs reimbursed by the service provider. This obligation is inapplicable in the case of irrelevant services or statutory provisions precluding them.
- Cancellation in the event the minimum number of participants is not reached
7.1 The Tour Organizer can only cancel the contract in the event of not reaching the minimum number of participants if a) the relevant tour description clearly stipulates the minimum number of participants and at which point before the start of the tour the Customer needs to be informed, and
- b) the booking confirmation clearly stipulates the minimum number of participants and the latest possible date of cancellation or refers to the relevant information in the tour description.
7.2 The Customer must be informed of a cancellation at least eight weeks before the start of the tour.
7.3 If it should become apparent that the minimum number of participants cannot be reached before the deadline, the Tour Organizer is bound to make use of his right to cancel. If the tour is cancelled for this reason, the Customer shall be reimbursed immediately for any payments made against the price of the booked tour.
8 Notice of termination for reasons of conduct
The Tour Operator can terminate the travel contract without observing a notice period if the Customer ignores a warning issued by the Tour Operator to desist from causing a disturbance or acts in violation of the contract to such an extent warranting an immediate termination of the contract. If the Tour Organizer terminates the contract, he has the right to claim the total cost of the tour but he must account for the normally saved expenses and any benefit he may receive if he can use the services elsewhere and if the service providers reimburse any of the costs.
9 Customer's obligation to cooperate
9.1 Travel documents
The customer is obliged to inform the Tour Organizer if he does not receive the necessary travel documents (for example flight tickets, hotel voucher) within the specified time limitations as set out in the booking confirmation.
9.2 Notice of defects / demand of remedy
If the tour services have not been contractually fulfilled, the Customer can demand remedy. If the Customer does not immediately make the Tour Organizer aware of the defects, a reduction in the tour price is not applicable. This does not apply if the notice would be clearly futile or unreasonable for other reasons. The Customer is obliged to inform the local tour representative of any notice of defects. If a local representative is not available and not contractually required, the Travel Organizer must be informed at his business address of any notice of defects. Instructions as to how the Tour Organizer and his representatives can be reached are contained in the tour description and ultimately in the travel documents. The representative is responsible for finding a remedy where possible, but he is not authorised to approve any claims.
9.3 Formal notice before termination of the contract
The customer may terminate the contract if the tour is significantly impacted by a defect in accordance with § 651 c BGB. This also applies if, in the eyes of the Tour Organizer, the Customer cannot be expected to participate due to such a defect. The termination is only valid if the Tour Organizer does not find a remedy within the reasonable notice period specified by the Customer. A notice period is not required if a remedy cannot be found or if the Tour Organizer refuses to provide a remedy or if the immediate termination of the contract is justified due to a special interest of the Customer.
9.4 Damaged or delayed luggage
In the event of luggage damage or delayed arrival following a flight, a claim form (PIR) must be submitted to the responsible airline immediately at the destination. Airlines generally waive any claims if the claim
form is not filled out and submitted. Claims for damages must be settled within seven days, or 21 days in the case of delays. Luggage damages, delays and incorrect routing must also be reported to the Tour Organizer or his local representative.
- Limited liability
10.1 The Tour Operator‘s liability for damage that is not damage to life, the body or health is limited to the triple tour price (a) as long as the damage to the Customer was not deliberate or due to negligence, or (b) insofar the Tour Organizer is responsible for the damage caused to the Customer by a service provider. Any further claims in accordance with the Montreal Convention are not effected by this limitation.
10.2 The Tour Organizer is not responsible for service defects or personal or material damages related to services provided by third parties (such as excursions, sports events, theatre visits, exhibitions, transport to and from defined points of departure and arrival) if these services are described as such in the tour description and the providers are named in the booking confirmation and it is clearly apparent for the customer that they are not a service provided by the Tour Organizer. The Tour Organizer is responsible for services including transportation from the start of the tour to the destination, shuttle transport during the journey and accommodation or if damage to the Customer is the result of the Tour Organizer’s negligence concerning warning, instructional or organizational obligations.
10.3 The Customer is bound to observe and abide by the highway code. Any costs incurred as a result of infringing on laws or offences are the Customer’s sole responsibility.
11 Asserting claims: addressee and terms
11.1 Claims in accordance with § 651 c to f BGB must be submitted to the Tour Organizer within one month following the scheduled end of the tour.
11.2 The period of limitation begins on the day that follows the day the tour ends as per contract. If the last day of this deadline falls on a Sunday, a bank holiday or a generally recognised holiday or Saturday, the next working day is considered as the end of the deadline.
11.3 After expiration of this time limit the Customer may only assert claims if he/she was prevented without fault from an observance of the time limit.
11.4 The time limit in Paragraph 12.1 also applies to claims made for damaged or delayed luggage on flights in accordance with Paragraph 10.4 if claims are made in accordance with §§ 651 c Section 3, 651 d, 651 e Sections 3 and 4 BGB.
12.1 Customer claims related to injury to life, the body or health in accordance with §§ 651 c to f BGB resulting from deliberate or reckless actions by the Tour Organizer or a representative or a vicarious agent shall be time-barred after two years. This is also valid for claims for other losses resulting from deliberate or reckless actions by the Tour Organizer or a representative or a vicarious agent.
12.2 All other claims in accordance with §§ 651 c to f BGB are time-barred after one year.
12.3 The period of limitation in conformity with Paragraphs 13.1 and 13.2 begins on the day that follows the day the tour ends as per contract. If the last day of this deadline falls on a Sunday, a bank holiday or a generally recognised holiday or Saturday, the next working day is considered as the end of the deadline.
12.4 If negotiations are in progress between the Customer and the Tour Organizer on the subject of the claim or the circumstances on which it is based, the limitation period shall be suspended until either the Customer or the Tour Organizer refuses to continue the negotiations. The limitation of claim will come into effect at the earliest three months after the said suspension.
13 Obligation to disclose the identity of the airline
According to EU regulations on the obligation to inform air passengers of the identity of the airline company operating a flight at the time the reservation is made, the Tour Organizer is required to inform the Customer of the identity of the operating airline company for all air transportation services to be rendered in the framework of the reserved tour. If at the time of the reservation the operating airline company has not yet been determined, the Tour Organizer is obligated to inform the Customer which airline or airlines will most likely operate the flight. As soon as the Tour Operator knows which airline will carry out the flight, he must inform the Customer. If the airline stated to the Customer as the providing airline changes, the Tour Organizer is required to inform the Customer about this change accordingly. The Tour Operator shall immediately take all reasonable steps to inform the Customer of the change, as quickly as possible. The list of airlines on the EU Black List can be found here: http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm.
14 Passport, visa and health regulations
14.1 The Tour Organizer will inform members of the European Union to whom they are offering a tour about all provisions concerning passport, visa and health regulations before the contract is concluded and of any changes in advance of the beginning of the tour. Members of states outside of the European Union should contact their responsible Consulate. It is assumed that special circumstances (for example dual-nationality, statelessness) do not apply to the Customer.
14.2 The Customer is responsible for obtaining and carrying any necessary travel papers, any necessary immunizations and for adhering to customs and exchange control regulations. Any disadvantages due to the non-observance of these regulations, for example payment of withdrawal costs, are at his expense. This does not apply if the Tour Organizer failed to provide the correct information.
14.3 The Tour Organizer is not liable for the punctual issue and receipt of necessary visas by the respective diplomatic representation if the Customer has instructed him to deal with these, unless the Tour Organizer has negligently failed in his own duties.
14.4 The Customer is responsible for ensuring whether his/her passport or identity card is sufficiently valid for the tour. A passport must have enough empty pages for the issuance of a visa.
Status (General Travel Terms and Conditions) as of April 2017
Notice concerning cancellation due to force majeure
Cancellation of the contract is subject to BGB law which reads as follows:
“§ 651 j: (1) If the tour becomes dangerous, seriously disturbed or impaired, due to force majeure, the tour operator and the traveller both have the right to cancel the tour in accordance with this ruling. (2) If the contract under Paragraph 1 is terminated, the provisions of § 651 e Paragraph 3 Sections 1 and 2, Paragraph 4 Section 1 shall apply. Any additional costs incurred for the return transport are to be borne equally by both parties. Furthermore, additional costs are to be borne by the traveller.