Our Terms and Conditions
General Conditions of Travel (GCT) of pferdesafari.de GmbH
As of 1 January 2022
Provided the are effectively agreed, the following General Conditions of Travel (GCT) are part of the content of the package travel contract between the customer (= Traveller) and the tour operator pferdesafari.de GmbH (hereinafter referred to as pferdesafari.de). The GCT supplement the statutory provisions of Sections 651a ff. of the German Civil Code (BGB) and Articles 250 and 252 of the EGBGB (Introductory Law to the German Civil Code). In the booking or a package tour, the contractual partner of the tour operator is the Traveller – in this regard, it is irrelevant whether the Traveller uses the package tour himself/herself or concludes the contract for another traveller.
These GCT expressly do not apply if the Traveller books only individual travel services within the meaning of Sections 651a ff BGB rather than a package tour (e.g. only hotel, rental car) from pferdesafari.de or if pferdesafari.de acts expressly as the travel mediator of a package tour for another tour operator or individual travel services (e.g. only flight) or associated travel services in accordance with Section 651w BGB and indicates this to the Travellers separately and unambiguously before the booking. In this case, the General Conditions of Travel/Terms of Business of the package tour operator or service provider to whom the customer was referred shall apply, provided these were effectively integrated.
1. Conclusion of the package travel contract
1.1 By registering for the travel (booking), the Traveller bindingly offers pferdesafari.de the conclusion of the travel contract for the persons indicated on the basis of these GCT, the tour description and all supplementary details and information on the part of pferdesafari.de, insofar as these are available to the Traveller. The Traveller is responsible for all contractual obligations of fellow travellers for whom he/she makes the booking to the same extent as he/she is for his/her own obligations, insofar as he/she has assumed this obligation by express and separate declaration.
1.2 The contract is concluded upon receipt of the travel confirmation (declaration of acceptance) from pferdesafari.de. Upon or immediately after conclusion of the contract, pferdesafari.de will send the Traveller confirmation of the travel on a durable data medium. If the contract is concluded in person, the Traveller is entitled to travel confirmation on paper; the same applies for the conclusion of a contract outside of business premises.
1.3 If the content of the travel confirmation deviates from the booking, this travel confirmation shall be deemed to be a new offer to which pferdesafari.de is bound for a period of ten days. The contract is concluded on the basis of this new offer, provided that pferdesafari.de has indicated the change and has fulfilled its pre-contractual information obligations in this regard and the Traveller expressly or conclusively declares his/her acceptance to pferdesafari.de within the binding period by (partial) payment of the travel price.
1.4 pferdesafari.de points out that the booking of package tours in distance selling (e.g. by telephone or email) cannot be revoked in accordance with Sections 312 paragraph 7, 312g paragraph 2 sentence 1 no. 9 BGB. The right to revocation exists, however, if the package tour contract between pferdesafari.de and the Traveller, who is a consumer, is concluded outside of business premises, unless the verbal negotiations on which the conclusion of the contract were based were undertaken on the prior order of the consumer.
2.1 After conclusion of the contract, a deposit of 20% of the travel price is due, provided that the risk coverage certificate (“Sicherungsschein”) has been sent to the Traveller in text form in accordance with Section 651r paragraph 4 sentence 1 BGB, Art. 252 EGBGB. If the flights or accommodation services included in the respective offer are due for immediate payment to the service providers by pferdesafari.de or a flight ticket must be issued immediately after the confirmed booking, pferdesafari.de reserves the right to charge a higher deposit. The Traveller will be informed of this by pferdesafari.de before the booking is completed in a manner stipulated in accordance with Art. 250 Section 3 EGBGB and in the travel confirmation in a manner stipulated by Art. 250 Section 6 EGBGB.
2.2. Insofar as the travel can no longer by cancelled for the reasons specified in 7.1 below and the risk coverage certificate has been sent in text form, the remaining amount is payable for weeks before the start of travel. If the travel can still be cancelled for the reasons specified in 7.1 below, the remaining amount for this travel is only due as of the date on which it can no longer be cancelled by pferdesafari.de.
2.3 In the case of last-minute bookings (bookings that are made at such short notice before travel begins that the entire travel price is already due for payment or pferdesafari.de can no longer cancel the travel on the basis of insufficient participants), the entire travel price is due for payment immediately after the risk coverage certificate has been sent in text form.
2.4 Premiums for insurance and other expenses, as well as cancellation and rebooking fees are due for payment in full after invoicing.
2.5 If the Traveller fails to make the payment or final payment by the respective due date despite having receiving the risk coverage certificate, pferdesafari.de is entitled to withdraw from the contract after reminding the Traveller of the payment due and setting a deadline and to charge the Traveller with the cancellation costs set out in 4.1 below. This does not apply only if the Traveller has a statutory or contractual right of retention or pferdesafari.de is not prepared or able to properly provide the contractual services or has not fulfilled its statutory information obligations.
3. Services and changes to services before start of travel
3.1 The performance obligation of pferdesafari.de is taken exclusively from the content of the booking confirmation in conjunction with the catalogue or brochure valid for the date of the travel, the website, an individual offer or any other media of pferdesafari.de, subject to all information, instructions and explanations contained therein as well as the pre-contractual information relevant for the booked package travel in accordance with Art. 250 Section 3 EGBGB. Hotel or ranch brochures as well as online descriptions not published by pferdesafari.de are not binding for pferdesafari.de and its performance obligations.
3.2 Employees of service providers (e.g hotels, ranches) as well as travel agents are not authorised by pferdesafari.de to give assurances or information, nor to make agreements that go beyond the travel description, the booking confirmation or the pre-contractual information according to Art. 250 Section 3 EGBGB from pferdesafari.de, contradict it or change the confirmed content of the package travel contract.
3.3 Changes or deviations in individual travel services from the agreed content of the package travel contract which become necessary after conclusion of the contract and which were not caused by bad faith on the part of tour operators are only permitted if the changes or deviations are insignificant and do not affect the overall arrangement of the booked package tour. In addition, these changes must be declared before the start of the travel.
Pferdesafari.de must inform the Traveller of the change on a durable data medium in a clear, comprehensible and prominent manner.
3.4 In the event of a significant change in an essential characteristic of a travel service in accordance with Art. 250 Section 3 No. 1 EGBGB or a deviation from a special requirement of the Traveller which became part of the package travel contract, the Traveller is entitled, within a reasonable period set by pferdesafari.de,
a) to accept the notified change in the travel service or deviation to the special requirement,
b) withdraw from the contract without incurring cancellation charges, or
c) declare participation in a replacement package tour offered by pferdesafari.de.
If the Traveller does not respond to pferdesafari.de or does not respond within the set, reasonable period, the change or deviation shall be deemed accepted. As soon as it becomes aware of the reason for the change, pferdesafari.de shall inform the Traveller about this as well as about the significant change or deviation from a special requirement, together with the notification of the Traveller’s rights as well as the setting of a deadline for declaration, on a durable data medium in a clear, comprehensible and prominent manner.
3.5 Any warranty claims remain unaffected insofar as the amended services are defective. If the replacement package tour or modified package tour is not of at least equivalent quality compared to the originally owed package tour, the travel price is to be reduced in accordance with Section 651m paragraph 1 BGB; if pferdesafari.de incurs lesser costs with equivalent quality, the difference is to be reimbursed to the Traveller in accordance with Section 651m paragraph 2 BGB( German Civil Code).
4. Cancellation by the Traveller before start of travel, transfer of contract (substitute person)
4.1 The Traveller can withdraw from the package travel contract at any time before the start of travel. Withdrawal must be declared to pferdesafari.de using the contact details provided at the end of the GCT. If the travel was booked through an agent, the withdrawal may be declared to this agent. The Traveller is advised to submit the declaration of withdrawal on a durable data medium.
4.2 If the Traveller withdraws before the start of the travel or fails to start the travel, pferdesafari.de loses its claims to the travel price. Instead, pferdesafari.de can demand reasonable compensation from the Traveller. This does not apply if pferdesafari.de is responsible for the withdrawal or if unavoidable, exceptional circumstances occur at the destination or in its immediate vicinity that significantly impair the execution of the package tour or the transport of persons to the destination; circumstances are unavoidable and exceptional if they are not subject to the control of the contractual party relying on them and their consequences could not have been avoided even if all reasonable precautions had been taken.
4.3 pferdesafari.de has stipulated this claim to compensation to which it is entitled in the cancellation fees set out below. The calculation is made on the basis of the time between the Traveller’s declaration of withdrawal and the contractually agreed start of travel, the expected savings in outlay and the expected gains through another use of the travel services.
The compensation will be calculated from the date of receipt by pferdesafari.de or the travel agent of the withdrawal declaration, as follows:
a) general cancellation fees without flight:
Up to 31 days before start of travel, 20% of the travel price
Up to 21 days before start of travel, 40% of the travel price
Up to 14 days before start of travel, 60% of the travel price
Up to 7 days before start of travel, 75% of the travel price
Up to 2 days before start of travel, 80% of the travel price
From one day before start of travel and no-show: 95% of the travel price
b) special cancellation fees: special offers, travel with flights, individually arranged package tours and group tours may be subject to special cancellation conditions, which are expressly referred to in the respective service description or travel description/offer and the travel confirmation in accordance with Art. 250 Sections 3, 6 EGBGB.
4.4 The Traveller is in any case at liberty to demonstrate to pferdesafari.de that pferdesafari.de is entitled to demand only significantly lower, appropriate compensation due to withdrawal.
4.5 pferdesafari.de reserves the right to demand specifically calculated compensation that is higher that the cancellation fees above if pferdesafari.de can demonstrate the incurrence of expenses that are significantly higher than the respective applicable cancellation fees. In this case, pferdesafari.de is obliged to specifically quantify the compensation claimed, taking into account the saved expenses and minus what it earns through other use of the travel services, and to justify it at the request of the Traveller.
4.6 pferdesafari.de expressly recommends the conclusion of travel cancellation insurance including pandemic coverage. This insurance is not part of the package travel contract and can generally not be reimbursed in the event of withdrawal from the travel contract; the same applies to the travel cancellation insurance portion included in an insurance package.
4.7 If pferdesafari.de is obligated to reimburse the travel price as the result of a withdrawal, reimbursement is due immediately and in any case within 14 days of the withdrawal.
4.8 The statutory right of the Traveller to declare transfer of the contract to another traveller on a durable data medium in accordance with Section 651e BGB (substitute participant) remains unaffected by the above provisions, provided that this notification is received pferdesafari.de not later than seven days before the start of travel. In all other respects, the substitute participant and the Traveller shall be jointly and severally liable to pferdesafari.de for the travel price and the reasonable and additional costs actually arising from the substitution.
5. Rebookings by the Traveller before the start of travel
5.1 The Traveller has no legal claim to a change in travel date, destination, place of departure or mode of transport (rebooking). Of course, this does not apply if a rebooking is necessary due to incomplete or incorrect pre-contractual information in accordance with Art. 250 Section 3 EGBGB; a rebooking like this will be carried out free of charge for the Traveller.
5.2 If pferdesafari.de undertakes a rebooking at the request of the Traveller in accordance with Section 5.1 sentence 1, the Traveller shall be charged for the costs incurred by pferdesafari.de up to the date of the occurrence of the 2nd cancellation level, in particular including rebooking or cancellation costs (in the case of non-refundable fares) for booked flights or accommodation and other services at the destination.
These resulting and verifiable expenses will be clearly and explicitly communicated to the Traveller before rebooking, as well as any change in travel price because of the rebooking due to updated prices for the new bookings required by the service providers of pferdesafari.de or a deviating season. For every rebooking made, a rebooking fee of EUR 50 will be charged per transaction for the outlay for work and time incurred by pferdesafari.de. The Traveller is at liberty to demonstrate to pferdesafari.de that pferdesafari.de is entitled to demand only significantly lower, appropriate compensation for expenses due to the rebooking.
5.3 Rebooking requests by the Traveller that are later than regulated in 5.2 can only be made, if at all possible, after withdrawal from the travel contract in accordance with 4.3 under the conditions applicable there and simultaneously booking anew. This does not apply to rebooking request that incur only minor costs.
6. Unused services If the Traveller fails to make use of individual travel services that pferdesafari.de has duly offered for reasons for which the Traveller is responsible, he/she is not entitled to a pro rata refund of the travel price. The same applies if a service cannot be used because the Traveller does not meet certain requirements (e.g. health requirements or stipulated riding experience/skills), although pferdesafari.de has fulfilled its pre-contractual information obligations in this regard. pferdesafari.de will seek reimbursement from the service providers for the saved expenses. This obligation does not apply if the services are completely insignificant or if a reimbursement is contrary to statutory or official provisions.
7. Withdrawal due to failure to reach minimum number of participants and termination by pferdesafari.de
7.1 pferdesafari.de may withdraw from the package travel contract due to failure to reach the minimum number of participants only if pferdesafari.de
a) quantifies the minimum number of participants in the pre-contractual information regarding the package booked and indicates the time by which the Traveller must have received the notification at the latest before the contractually agreed start of travel, and
b) indicates the minimum number of participants and the latest possible date of withdrawal in the travel confirmation. The withdrawal must be declared to the Traveller at the latest on the date specified in the pre-contractual information and travel confirmation. Should it become apparent at an earlier date that the minimum number of participants cannot be reached, pferdesafari.de must make use of its right of withdrawal without delay. If travel does not take place for this reason, pferdesafari.de must refund any payments made by the Traveller without delay but in any case within 14 days of the declared withdrawal.
7.2 pferdesafari.de may terminate the package travel contract without notice if the Traveller consistently disrupts the execution of the travel despite a warning by pferdesafari.de or behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified; this does not apply if conduct contrary to the contract has arisen due to a breach of pre-contractual information obligations. If, according to the travel description, the Traveller must fulfil special requirements for a package tour (e.g. health requirements, specified riding experience/skills), a breach of this obligation constitutes conduct contrary to the contract. If pferdesafari.de terminates the contract, pferdesafari.de retains a claim to the travel price but must have the value of the saved expenses as well as benefits obtained by pferdesafari.de from any other use of the unused services, including amounts credited to it by its service providers, offset against this travel price.
8. Obligations of the Traveller to cooperate
8.1 Travel documents: The Traveller must inform pferdesafari.de or the travel agent with whom he/she booked the travel if, despite full payment of the travel price, he/she does not receive the necessary travel documents (e.g. hotel voucher) within the period indicated by pferdesafari.de.
8.2 Notification of defects: pferdesafari.de is obligated to provide the Traveller with a defect-free package tour. If this is not the case, the Traveller is obligated to notify pferdesafari.de of a defect without delay. To this end, the Traveller must immediately notify the pferdesafari.de representative on site of any defects. If a representative of pferdesafari.de is not present on site and is not contractually owed, the Traveller must notify pferdesafari.de directly of any defects that occur. The contact details of an on-site representative of pferdesafari.de together with his/her availability as well as the contact details of pferdesafari.de for a notification of travel defects can be found in the travel confirmation. The Traveller also has the option of sending notification of defects to the travel agent with whom he/she booked the package tour. The representative of pferdesafari.de is instructed to remedy the situation where possible. He/she is not authorised to recognise claims. Insofar as pferdesafari.de could not remedy the situation as a result of a culpable omission of the notification of defects, the Traveller can neither assert claims for reduction in price according to Section 651m BGB nor compensation for damages according to Section 651n BGB.
8.3 Setting of a deadline before termination: If a Traveller wishes to terminate the package travel contract due to a significant defect of the kind specified in Section 651i BGB in accordance with Section 651l BGB, the Traveller must first set pferdesafari.de a reasonable grace period for remedy. This does not apply only when pferdesafari.de refuses remedy or when immediate remedy is necessary.
8.4 Baggage delay and damage:
a) In accordance with aviation regulations, the Traveller must immediately notify the responsible airline of damage to his/her baggage, loss of baggage or baggage delay by means of a damage report (P.I.R.) and have a confirmation in text form provided to him/her for evidential purposes. Both airlines and pferdesafari.de generally refuse refunds in this regard based on international agreements if the damage report has not been completed. The damage report must be submitted within 7 days in the event of damage to baggage and within 21 days of receipt in the event of a baggage delay.
b) In addition, pferdesafari.de must be notified immediately of the damage, loss or delay of baggage in accordance with the provisions in 8.2 above, provided that the flight is part of the package tour. Notification to pferdesafari.de does not release the Traveller from the obligation to report damage to the responsible airline in due time in accordance with subsection a).
9. Limitation of liability
9.1 The contractual liability of pferdesafari.de for damages that do not result from injury to life, limb or health is limited to three times the travel price, unless these were culpably caused. If international agreements or statutory provisions based on such apply to a travel service, according to which a claim for damages against the service provider arises or can be asserted only under certain conditions or restrictions or is excluded under certain conditions, pferdesafari.de may also rely on this against the Traveller.
9.2 pferdesafari.de is not liable for service disruptions, personal injury and property damage in connection with services that are merely mediated as third-party services, such as excursions, sporting events, exhibitions, if these services are expressly marked as third-party services in the travel advertisement and the booking confirmation, stating the identity and address of the mediated contractual partner, so clearly that they are recognisable by the Traveller as not being part of the pferdesafari.de package tour. However, pferdesafari.de is liable for these services if and to the extent that the Traveller suffered damage caused by the violation of information, explanation or organisation obligations on the part of pferdesafari.de.
9.3 pferdesafari.de is not liable for services that are used by the Traveller within the framework of the package tour and are not mediated or organised by pferdesafari.de or their on-site representatives, but, for example, by the ranch or other persons or companies on their own responsibility.
10. Assertion of claims, consumer dispute resolution
10.1 The Traveller must assert claims pursuant to Sections 651i paragraph 3(2, 4-7) BGB against pferdesafari.de. The claim can also be asserted by the Traveller through the travel agent with whom he/she booked the package tour. It is recommended that the claims be made on a durable data medium.
10.2 The travel contract claims of the Traveller become statute-barred after two years; the limitation period begins on the day on which the package should end according to the contract.
10.3 In accordance with Section 36 of the Consumer Dispute Resolution Act (VSBG), pferdesafari.de points out that pferdesafari.de does not participate in dispute resolution proceedings before a consumer arbitration board and is not legally obliged to do so. Should there be a legal obligation to participate in such a dispute resolution procedure after printing or should pferdesafari.de voluntarily participate in it, pferdesafari.de will inform the Travellers about this on a durable data medium. For the conclusion of contracts in electronic legal transactions, reference is made to the European platform for online dispute resolution in accordance with Art. 14 paragraph 1 ODR-VO at https://ec.europa.eu/consumers/odr/.
11. Passport, visa and health regulations
11.1 pferdesafari.de shall inform the Traveller about general passport and visa requirements of the country of destination, including the approximate deadlines for obtaining any necessary visas, as well as health formalities before conclusion of the contract and about any possible changes to these before the start of the travel.
11.2 The Traveller is responsible for obtaining and carrying the travel documents required by the authorities, any necessary vaccinations and compliance with customs and foreign exchange regulations. Disadvantages resulting from non-compliance with these regulations, e.g the payment of cancellation costs, shall be borne by the Traveller. This does not apply if pferdesafari.de has failed to provide information or has done so insufficiently or incorrectly.
11.3 pferdesafari.de shall not be liable for the timely issuance and receipt of necessary visas by the respective diplomatic mission if the Traveller has commissioned pferdesafari.de with the procurement of such, unless pferdesafari.de has culpably breached its own obligations.
12. Information on the identity of operating air carriers
The EU Regulation on informing passengers of the identity of the operating air carrier obliges pferdesafari.de to inform the Traveller of the identity of the operating airlines of all air transport services to be provided within the framework of the booked travel at the time of booking. If the operating airline has not yet been determined at the time of booking, pferdesafari.de is obliged to inform the Traveller of the airline or airlines that are likely to operate the flight or flights. As soon as pferdesafari.de knows which airline will operate the flight, pferdesafari.de must inform the Traveller. If there is a change to the airline which the Traveller was informed would be the operating airline, pferdesafari.de must inform the Traveller of this change. pferdesafari.de shall immediately take all reasonable steps to ensure that the Traveller is informed of the change as soon as possible. The list of airlines prohibited from operating in the EU ("black list") can be found on the following website: https://ec.europa.eu/transport/modes/air/safety/air-ban_de
13. Applicable law, place of jurisdiction
13.1 German law shall apply to the contractual relationship between the Traveller and pferdesafari.de.
13.2 The Traveller may bring legal action against pferdesafari.de only at the latter’s registered office. For lawsuits by pferdesafari.de against the Traveller, the Traveller’s place of residence is decisive. For lawsuits against Travellers who are merchants, legal entities under public or private law or persons, the place of jurisdiction is agreed to be the registered office of pferdesafari.de, provided that these GCT are applicable to the Traveller's company due to a lack of a framework contract for the processing of business trips. The same applies for Travellers who have their domicile or habitual residence in a third country or whose domicile or habitual residence is not known at the time the action is brought.
13.3 The above provisions do not apply
(a) if and to the extent that mandatory provisions of international agreements applicable to the package travel contract between the Traveller and pferdesafari.de otherwise yield results in favour of the Traveller, or
b) if and to the extent that non-mandatory provisions applicable to the package travel contract in the Member State of the EU to which the Traveller belongs are more favourable to the Traveller than the above provisions or the corresponding German provisions.
GCT last updated: 01/01/2022
Ziegelweg 3 | 72764 Reutlingen
Tel. +49 (0) 71 21 / 690 75 30
Fax +49 (0) 71 21 / 690 75 39
Managing Director: Rainer Hageloch
Data privacy notice: The personal data provided by the Travellers in the context of booking the package tour will be processed electronically and used by pferdesafari.de GmbH and its service providers (carriers, ranches, lodges, incoming agencies, database providers of immigration and health regulations) and processed and stored in the worldwide reservation system (GDS) AMADEUS/SABRE, insofar as this data is essential for the execution of the contract. Due to a U.S. federal law regarding terrorist investigation, airlines are required to provide each passenger's flight and reservation details to the U.S. Transportation Security Administration (TSA) prior to entering the U.S. Without this data transfer, entry into the USA is not possible – this also applies to stopovers and transfer flights. This data must also be transmitted even in the case of flights to other countries that merely enter US airspace.
The provisions of the GDPR apply. The detailed data protection information, including the rights of Travellers, is posted at https://www.pferdesafari.de/datenschutzhinweise-fuerwebseitenbesucher/, can be requested under the contact details of pferdesafari.de GmbH or is provided at the time of collection of the data (travel request / travel booking).
Travel insurance: pferdesafari.de GmbH generally recommends the conclusion of travel cancellation insurance and a foreign travel health insurance including coverage of the repatriation costs in the event of accident or illness. In addition, pferdesafari.de recommends the conclusion of included or separate covid-19 protection ("pandemic protection") when taking out insurance.
Distance contracts: pferdesafari.de GmbH points out that the booking of package tours in distance selling (e.g. by telephone or email) cannot be revoked in accordance with Sections 312 paragraph 7, 312g paragraph 2 sentence 1 no. 9 BGB. The right to revocation exists, however, if the package tour contract between pferdesafari.de GmbH and the Traveller, who is a consumer, is concluded outside of business premises, unless the verbal negotiations on which the conclusion of the contract were based were undertaken on the prior order of the consumer.