Scope of Application
1.1 The company "safarica travel GmbH", Leightonstrasse 3, 97074 Wurzburg (hereinafter referred to as the "agent"1), operates an agency service at www.safarica.de (hereinafter referred to as the internet portal) for accommodation (e.g., lodges or guest houses), hereinafter referred to as "accommodation" in connection with safaris in Africa.
1.2 These GTC apply to all non-binding reservation enquiries as well as to binding bookings of accommodation via the agent's internet portal.
1.3 These GTC also apply in the event of conflicting terms and conditions of users who intend to book accommodation (hereinafter the "customer"). These will not be accepted even if the agent provides services in the knowledge of the customer's conditions, unless otherwise expressly agreed.
Scope of provided services
2.1 The scope of the service provided is the mediation and conclusion of an accommodation contract.
a) If the customer books for themselves:
The contract in respect of accommodation during a booking is concluded directly between the customer and the operator of the accommodation chosen by the customer (hereinafter referred to as the "provider"). For this purpose, the agent transmits the customer's specified personal data to the provider (or its contractually obligated service providers).
b) If the customer books for another person:
The contract is concluded exclusively between the person who will use the services of the provider, or their employer if the customer books a business trip, and the provider. For this purpose, the agent transmits the specified personal data of the person who will make use of the provider's services to the provider (or its contractually bound service providers). The customer is therefore obliged to make a booking exclusively for those (natural or legal) persons in respect of whom the customer is authorized to,
a) make such declarations
b) provide personal data and arrange for the transmission of personal data by the agent to the provider.
2.2 All claims and obligations arising from the Accommodation Agreement are directly and exclusively between the customer, if the customer is booking for themselves, or the person who will use the provider's services, or the customer's employer, if the customer is booking a business trip, and the provider. There is no accommodation relationship between the customer and the agent.
2.3 The provider of the accommodation is not the agent, but the provider selected as the contractual partner in each case. If several accommodations are booked via the agent's internet portal, the selection and compilation of the individual accommodations is not carried out by the agent, but is the customer's responsibility. When selecting individual accommodations suggested by the internet portal, the conditions specified by the client (e.g., place, destination, price, period, category) are taken into account as much as possible. However, the selection made by the internet portal is not to be understood as meaning that there are no other accommodations that could better meet the wishes or conditions of the customer.
2.4 In the event of breaches of duty by the provider, the agent is not obliged, but is entitled, to compensate the damages incurred by the customer in the individual case in order to enable the customer to process the contractual relationship smoothly. In this case, the customer assigns their claims for compensation against the provider to the agent so that the agent can seek recourse for the expenses incurred.
Booking and Reservations
3.1 Each reservation is passed on to the respective provider via the agent as a declaratory messenger on behalf of the customer. For the smooth processing of the booking, it is therefore necessary that the data provided by the customer (e.g., accommodation data, contact details) are correct and complete.
3.2 The last possible time for the customer to check in at the accommodation varies, depending on the type of reservation made. The different reservation options are presented during the booking process and selected by the customer on this basis. If a time limit for check-in is specified in the selected reservation type, the reservation is cancelled in the event of late arrival. A claim to accommodation does not exist thereafter.
3.3 The subcontracting of accommodation booked through the agent is prohibited. This includes in particular the subcontracting of accommodation to third parties at higher prices. The agent reserves the right to exclude customers from its services in the future in the event of violations of this regulation. In these cases, the provider is also entitled to cancel the booking, whereby this declaration can also be made by the agent. In addition, the customer is obliged to pay any cancellation fees and to compensate for any damages incurred by the agent and/or the provider.
3.4 The reservation of the accommodation is already made at the time of booking and is valid without a reservation confirmation. The reservation confirmation immediately appears on the screen and is also sent to the customer by e-mail and, if necessary, also by SMS as a short notification. The customer is responsible for creating the conditions for receiving the confirmation by e-mail or SMS. The validity of the booking remains unaffected by this; this applies in particular if an incorrect e-mail address and/or telephone number is entered.
3.5 The costs are settled during the booking process by means of a secure online payment (e.g., by credit card). Thus, the provider offers a payment processing service, which collects the booking price for and on behalf of the provider and forwards it to the provider minus a previously agreed commission. This amount paid cannot be reclaimed from you.
3.6 During the booking process, a credit card number and the validity period of the credit card must be entered when selecting the payment method by credit card. This information is not transmitted to the provider of the respective accommodation. Your credit card guarantees payment of all costs incurred for the booked accommodation. Should the check of the credit card details show that they are incorrect or that the card cannot be charged, the provider can cancel the booking via the agent, after notification by the provider.
Changes and Cancellations
4.1 The detailed cancellation conditions depend on the respective provider and booking type and are stated separately in the respective booking dialogue and accepted by the customer.
4.2 To avoid misunderstandings, all changes and cancellations must be made via the agent's internet portal, unless otherwise agreed. This requires an entry directly via the internet portal or communication with the agent via telephone number +49 931 870 958-0. Written notifications must be sent to email@example.com no later than 24 hours before the provider's cancellation deadline. The timely receipt of the notification by the agent is decisive for the timeliness of the change or cancellation. The cancellation period is usually based on the local time of the reserved accommodation. If the cancellation is made in due time and in accordance with the conditions, a cancellation confirmation will be issued. It is also proof of cancellation and must therefore be kept. Whether costs are incurred for the cancellation or change then depends on the provider's respective booking or cancellation conditions.
4.3 Changes and cancellations are possible before the expiry of the cancellation period stipulated in the applicable cancellation conditions. However, in the event of certain changes, such as a shortening of the stay, the provider may claim any damages incurred. Free cancellation is often excluded by the providers in the case of special prices, services and/or dates, as well as very short-term bookings.
4.4 In order to prevent misuse of the internet portal and not to burden the provider unnecessarily with incorrect bookings, the agent reserves the right to cancel a reservation in individual cases if a query cannot be answered using the contact details provided by the customer or if the provider refuses the booking due to frequent cancellations or no-shows in the past. There is no entitlement to accommodation in these cases. However, to avoid such a cancellation, the customer usually has the option of making a booking by providing a credit card number.
Categories of accommodation and accommodation information
5.1 All information on and descriptions of the accommodation are based on the providers' own information. The agent has no influence on this information and accepts no responsibility for its accuracy and completeness.
5.2 The classification of the accommodation offered into categories is based on the agency's own classification system. The basis of this system, in addition to the classification in other classification systems (such as the classifications required by law in some countries), is primarily the experience and ratings of customers together with information provided by the providers, which is checked by the agent if necessary. The classification therefore only gives a non-binding indication of the standard and facilities of the accommodation.
Ranking / Listing of the accommodation
After a search query via the website, the accommodation that best meets a number of criteria (including very good price-performance ratio, flexible booking conditions, high customer satisfaction, good facilities, central location, etc.) is first suggested to the customer in the first display.
Prices of accommodation
7.1 Unless otherwise stated in the booking conditions, all prices are per accommodation and per night and, depending on the booking conditions, partly inclusive and partly exclusive of breakfast (this may also vary for a booking period over several days). The ancillary services offered depend on the respective provider and are to be paid for separately.
7.2 Providers are obliged to display the respective final price including taxes. However, the price information comes exclusively from the provider itself. The taxes and other charges applicable to accommodation abroad depend on the respective local regulations.
7.3 Since the currency selected by the customer usually differs from the currency requested by the provider, the prices in the result list are displayed in the selected currency for better orientation. However, the local accommodation currency stated in the price conditions is binding for the booking, so exchange rate differences may occur.
7.4 The possibility of constantly updating prices and bookings made in the meantime by other customers via the agent's internet portal may occasionally result in the prices on the accommodation details page differing from the prices previously shown in the accommodation list. The final price stated before the booking process is decisive for the customer.
8.1 The agent collects, processes and uses the customer's personal data only if consent has been given in this regard or if a legal provision permits the collection, processing or use of the data. The agent only collects, processes and uses such data as is necessary for the provision of its services and the use and operation of the internet portal and/or the services offered on the internet portal.
8.2 Under no circumstances will data be sold by the agent to third parties. Data is only transmitted to third parties to the extent necessary for a booking/reservation with the provider selected by the customer or for the provision of other services owed by the agent. This expressly includes the disclosure to companies affiliated to the agent or other subcontractors for the purpose of carrying out the booking within the framework of corresponding contractual structures and within the framework of the applicable legal regulations, in particular data protection.
If the agent has received the customer's email address in the course of the booking or by registering for the secure area protected by the individual customer log-in, it will use this for the purposes of electronic advertising for its own similar services in accordance with the conditions of Section 7 (3) of the German Act against Unfair Competition (UWG). In doing so, the agent always endeavours to provide the customer with advertising materials tailored to the customer's interests. The customer can object to receiving electronic advertising at any time by sending an email to firstname.lastname@example.org without incurring any costs other than the basic-rate transmission costs.
Warranty and Liability
10.1 All of the agent's own information has been compiled with the utmost care. However, no guarantee can be given for any errors in data collection or data transmission. The transfer of data to other data carriers, even in part, or the use for purposes other than those provided for here is only permitted with the express permission of the agent.
10.2 The information on the agent's internet portal is partly provided by the respective providers, other customers or third parties. Each provider, customer or third party bears sole responsibility for the accuracy, completeness and topicality of the information they post, including the stated prices and availability. In addition, they are obliged to ensure that no content is posted that violates the legal positions of third parties. The agent cannot verify this information and therefore does not guarantee the accuracy, completeness, or quality of the information, or the legality of its use.
10.3 The customer indemnifies the agent against all claims to which third parties are entitled due to a breach of the obligations specified below. The customer must also support the agent in defending against such claims and provide the agent with all the necessary information for this purpose.
10.4 The agent does not endorse this content or the reviews of customers. Rather, the customer reviews exclusively reflect the personal opinion of the authors. The agent has no influence whatsoever on the form, content and the user IDs used for these evaluation contributions and therefore assumes no responsibility in this respect.
10.5 The arrangement of accommodation via the agent's internet portal is free of charge for the customer. At the same time, however, the latter has no claim to the temporal and spatial availability of the intermediary's services. The intermediary is not liable for (partial) interruptions and failures of the services due to repair, maintenance and updating work or for other reasons that are either beyond its direct control or only insignificantly hinder the use of the services.
10.6 The agent is not liable for the conclusion of a booking. Likewise, the agent is not be liable for any defects or damage that arise in connection with the provision of the accommodation service by the provider. The agent gives no assurances with regard to the fulfilment of special wishes expressed by the customer and also assumes no guarantee in this respect.
10.7 The liability of the agent is otherwise excluded for all damages, regardless of the legal reason, insofar as the damages
a) are not based on a culpable breach of essential contractual obligations, i.e., obligations the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the contractual partner may regularly rely, or
b) have not been caused by gross negligence or intent on the part of the agent, or
c) do not consist of an injury to life, limb or health, or infringe the German Product Liability Act (Produkthaftungsgesetz) or other legally binding liability.
10.8 If the agent is liable under clause 10.7 for the culpable breach of material contractual obligations without gross negligence or intent, the agent's total liability is limited to such damages and such extent of damages as the agent could typically foresee under the circumstances known to it at the time of conclusion of the contract.
10.9 Warranty claims and claims for damages become statute-barred at the latest one year after the date on which the customer became aware of the damaging event. This does not apply to claims arising from tort.
11.1 German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the reference standards of private international law.
11.2 The European Commission's online dispute resolution platform can be reached at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show. The agent does not participate in a dispute resolution procedure before a consumer arbitration board and is not obliged to do so.
11.3 The place of performance is Wurzburg. Wurzburg is agreed as the place of jurisdiction for businesspersons or persons who do not have a general German place of jurisdiction. Otherwise, the statutory place of jurisdiction shall apply.
11.4 The use of the agent's internet portal and its contents is only permitted for the individual enquiry of accommodation bookings. Automated queries are not permitted. The data material is protected by copyright, so that reproduction (in particular by automated data extraction, so-called "scraping") is prohibited. In particular, the use of the data material (such as, in particular, query results) for the purpose of further transmission is also prohibited.
11.5 Links contained on this website to websites (links) of other companies (third-party providers) are only provided in the interest of the customer. If the customer clicks on such a link, the agent's website will be exited. The agent has no influence on the content of third-party websites. Therefore, the agent cannot assume any liability for the correctness, completeness and safety of this external content. At no time is the customer's data not forwarded to the third-party providers.
11.6 If any provision of this agreement is invalid or unenforceable, such provision shall be construed so as to be consistent with applicable law and to best reflect the parties' original intentions. The remainder of this agreement is not affected by this.