General Terms and Conditions | Native Trails GmbH & Co. KG

Conclusion of the Travel Contract     

By booking, the client of NATIVE TRAILS GMBH & CO. KG makes a binding offer to conclude a travel contract. The booking of the travel becomes binding for NATIVE TRAILS GMBH & CO. KG only after NATIVE TRAILS GMBH & CO. KG has sent the traveller a booking confirmation in writing. The travel contract is based exclusively on the information, descriptions and conditions of the offer and the contents of the booking confirmation.

Payment

The traveller remits 20 % of the travel price as a deposit within one week of receipt of the booking confirmation and guarantee certificate. Following receipt of the final payment, the travel documents are sent to the traveller. The final payment should be made no later than 28 days prior to the beginning of the travel. NATIVE TRAILS GMBH & CO. KG does not send reminders for the final payment.

The information about the programme may specify earlier due dates for certain services. Withdrawal fees and paid costs are immediately due. If the deposit or the final payment has not been made by the stipulated due dates, NATIVE TRAILS GMBH & CO. KG has the right, after having sent a reminder with a new due date, to withdraw from the travel contract and to charge the withdrawal cost to the traveller’s account. If a travel is booked within less than 28 days prior to the beginning of the travel, the entire travel price is due immediately.

Changes of Services and Prices

The agreed contents of the travel contract are subject to the possibility of modification or deviation to the extent that modifications or deviations of individual travel services occur, without being induced by NATIVE TRAILS GMBH & CO. KG contrary to good faith, after conclusion of the travel contract, unless such modifications or deviations affect the overall character of the travel.  If an increase in the fees or transport costs (e.g. for CHEPE or Baja Ferries) that were effective at the time of conclusion of the travel contract is charged to the account of NATIVE TRAILS GMBH & CO. KG, NATIVE TRAILS GMBH & CO. KG is entitled to increase, or adjust accordingly, the travel price by the proportional amount. If the travel price is changed after conclusion of the travel contract, NATIVE TRAILS GMBH & CO. KG has to inform the traveller without undue delay.

Cancellation by the Traveller, Rebooking, Substitute, Unused Services           

Cancellation

The traveller can withdraw from the travel contract before the beginning of the travel. Relevant is the receipt of the written statement of withdrawal at NATIVE TRAILS GMBH & CO. KG. If the traveller does not start on the travel, this is also considered a withdrawal. Calculated on the travel price, NATIVE TRAILS GMBH & CO. KG charges the following withdrawal rates in dependence on the receipt of the statement of withdrawal:

  • 30 days or more before the beginning of the travel: 20% of the travel price
  • between 15 and 29 days inclusive before the beginning of the travel: 25% of the travel price
  • between 7 and 14 days inclusive before the beginning of the travel: 50 % of the travel price
  • between 3 and 6 days inclusive before the beginning of the travel: 70% of the travel price
  • 2 days or less before the beginning of the travel or if the traveller fails to start on the travel: 80% of the travel price

Rebooking and special requests after conclusion of the travel contract            

Rebooking to another travel different from the existing travel contract is possible only by the traveller’s withdrawing from the existing travel contract on the aforesaid conditions and booking a new travel contract at the same time.

For special requests after conclusion of the travel contract (e.g. prolongation or change of hotel category), NATIVE TRAILS GMBH & CO. KG will usually charge a service fee of € 50.00 per person.

Substitute

If a third party is to enter into the travel contract, the third party and the traveller are jointly and severally liable to NATIVE TRAILS GMBH & CO. KG to pay the travel price as well as any additional expenses incurred by the third party’s entering. The tour operator can refuse the change of person if the third party does not meet the requirements as to the travel or does not comply with German or foreign statutory provisions.                 

Unused services

If individual services are not used during the travel or the travel is terminated prematurely, NATIVE TRAILS GMBH & CO. KG will refund part of the travel price in the amount of the saved expenses, to the extent that and as soon as the service providers credit the respective unused services to NATIVE TRAILS GMBH & CO. KG. There is no obligation on the part of NATIVE TRAILS GMBH & CO. KG to meet claims for proportional refund in such cases.

Withdrawal of NATIVE TRAILS GMBH & CO. KG

NATIVE TRAILS GMBH & CO. KG can withdraw from the travel contract until 14 days before the beginning of the travel if the minimum number of participants specified in the offer, or in other documents that have become part of the contract, is not reached. In case of such withdrawal, NATIVE TRAILS GMBH & CO. KG is not liable for any charges resulting from cancellation of pre-travel and post-travel programmes that have been booked with other service providers/tour operators, neither is the traveller entitled to claim damages on the grounds of third-party services booked on the traveller’s own initiative such as plane or train tickets, visas, vaccinations etc.

Liability of NATIVE TRAILS GMBH & CO. KG

NATIVE TRAILS GMBH & CO. KG is liable within the limits of the due diligence of a prudent businessman. NATIVE TRAILS GMBH & CO. KG is obliged to perform the travel so that it has the warranted characteristics and is not impaired by faults that cancel or reduce its value or its suitability for the customary purpose as assumed under the travel contract.

NATIVE TRAILS GMBH & CO. KG is in particular liable for the following:

a)   Selection of the service providers

b)   Combination of individual services

c)   Description of the service in the offer

d)   Handling the booking

e)   Organization, reservation and furnishing of the service under the terms of the travel contract

f)    Issuing and dispatching of the travel documents

Limitation of Liability

Except for bodily injury, the liability for damages under the terms of the travel contract is limited to € 4,100.00, or three times the travel price for travel prices exceeding € 1,363.00, unless the traveller’s damage was brought about by either premeditation or gross negligence of NATIVE TRAILS GMBH & CO. KG. Liability is excluded or limited if due to statutory provisions, applicable to services to be furnished by a service provider, the latter’s liability is excluded or limited.

NATIVE TRAILS GMBH & CO. KG acts only as a mediator for visas, other travel documents and foreign currency. It also acts as a mediator in particular for any additional programmes, labelled as opportunities or facultative items in the itineraries of the various tours, that are not included in the basic travel price. If NATIVE TRAILS GMBH & CO. KG makes known the name of the tour guide in the travel documents, this information will never be binding and will not be part of the travel contract. NATIVE TRAILS GMBH & CO. KG reserves the right of changes, even at short notice. A change of tour guide is not considered a reason for the free cancellation of the travel contract.

Traveller’s Obligation to Cooperate (BGB § 651 c-g)

The traveller is obliged, within the scope of the legal regulations, to help avoid or minimize any damage that may occur in case of defaults in performance. The traveller is in particular obliged to inform the local tour guide of any complaints without delay. The tour guide is charged with taking remedial action if this is possible. He/she has no right, though, to admit claims with an effect against NATIVE TRAILS GMBH & CO. KG.

If NATIVE TRAILS GMBH & CO. KG does not afford relief within a reasonable period of time set by the traveller (§651 c), the traveller has the right to take remedial action himself/herself and to claim refund of the necessary expenses. If the programme does not provide for a local tour guide, complaints must be communicated to the headquarters of NATIVE TRAILS GMBH & CO. KG without undue delay.

Exclusion of Claims and Statutory Limitation

Claims based on a failure to furnish the travel pursuant to the travel contract must be entered with NATIVE TRAILS GMBH & CO. KG within one month of the end of travel under the contract. The traveller’s claims pursuant to §§ 651 c to 651 f are subject to a 12-month limitation period.

Rescission of the Travel Contract Because of Extraordinary Circumstances

If the travel is substantially jeopardized, obstructed or impaired due to force majeure (e.g. war, civil commotions, natural disasters, mandatory regulations), the tour operator, the traveler, or the incoming agency/DMC shall have the right to cancel the agreement/contract. If the contract is cancelled, the tour operator can claim adequate compensation for all travel services already furnished or still to be furnished to bring the travel to an end. NATIVE TRAILS GMBH & CO. KG is obliged to take the necessary action, in particular to transport the traveller home if the travel contract includes the return transport. Any additional expenses for the return transport are borne by the traveller and NATIVE TRAILS GMBH & CO. KG in equal parts. As for the rest, additional expenses will be charged to the traveller’s account.

If a travel for which Native Trails GmbH & Co. KG acts as an inbound agency/DMC only is cancelled or cut short due to force majeure after the travelers have already arrived at their destination, any additional costs shall be borne by the travelers or the tour operator.
If the trip is not started due to force majeure and/or due to a travel warning issued by the Federal Foreign Office, the inbound agency/DMC agrees and engages to minimize the cancellation cost for the travel that was not started and to share such cost with the tour operator in equal parts.

Passport, Visa, Currency, Customs and Health Regulations

For all travels, the traveller needs a passport with a validity exceeding the end of the travel by at least 6 months. Registered participants will be supplied with information about regulations for passports, visas and foreign currency, customs and health regulations, etc. It is the traveller’s own responsibility to comply with those regulations. The information, given in the offer, concerning the necessity of visas, cost of visas and vaccination regulations is not binding. Every traveller should get information about protection against infections, vaccinations and other prophylactic measures in time and get a doctor’s advice. Reference is made to general information from health offices, medical information services for travellers or the Bundeszentrale für gesundheitliche Aufklärung [German Federal Centre for Health Education]. NATIVE TRAILS GMBH & CO. KG is not liable if domestic authorities or authorities abroad reject a traveller who has failed to comply with regulations in the fields mentioned in the present section.

Insurances

The prices of travel services given in the offers of NATIVE TRAILS GMBH & CO. KG do not include insurance benefits. NATIVE TRAILS GMBH & CO. KG explicitly recommends taking out a travel cancellation insurance/travel insurance policy. However, the travel price does include the statutory insolvency protection insurance pursuant to § 651 k BGB. The traveller will be sent the guarantee certificate together with the booking confirmation.

Severability Clause

Invalidity of any provision of the travel contract does not entail the invalidity of the travel contract as a whole.

Venue

The traveller can take legal proceedings against the tour operator only at the latter’s place of business. The venue for travels organized by NATIVE TRAILS GMBH & CO. KG is Friedberg, Hessen.

The traveller’s domicile is relevant for any action of the tour operator against the traveller unless the action were brought against general merchants or persons who, after conclusion of the travel contract, have transferred their domicile or usual place of residence abroad or persons whose domicile or usual place of residence is unknown at the time the action is filed. In such cases, the tour operator’s place of business is relevant.

Date of information: 20 April 2020

Native Trails GmbH & Co. KG

Hügelstraße 23

61209 Echzell – Bingenheim

Germany

Phone +49 (0)6035-70955-0

Fax +49 (0)6035-70955-55

E-mail info(at)nativetrails.de

Internet www.nativetrails.de

Amtsgericht Friedberg, HRA 3383

Managing director: Olaf Michael Bock

von Gersum, VAT no. DE 813 194 318

Venue Friedberg

Partner with unlimited liability

I&O Alloy Exchange Verwaltungs-GmbH

Amtsgericht Friedberg, HRB 4951