Dear travelers,
To ensure that nothing stands in the way of your travel enjoyment and that we can clarify any queries as quickly as possible, we ask you to read our General Terms and Conditions (GTC) and travel information carefully when concluding a contract.
The following provisions, insofar as they are effectively agreed, form part of the contract between you and Travel Buddies GmbH, hereinafter referred to as “Travel Buddies.”
These terms and conditions are divided into three parts as follows:
Part I: “Terms and conditions for the brokerage of travel services.” The areas of application of these terms and conditions are divided into sections A and B.
The following terms and conditions, insofar as they are effectively agreed, form part of the agency contract concluded between you (hereinafter referred to as “customer,” “guest,” or “traveler”) and Travel Buddies in the event of a booking made on or after July 1, 2018. They supplement the legal provisions of §§ 651a – y BGB (German Civil Code) and Articles 250 and 251 of the EGBGB (Introductory Act to the BGB).
In view of the legally different types of agency services for travel services and package tours depending on the type of travel service provided, these agency terms and conditions are divided into two sections.
The exclusive provisions for the brokerage of a single travel service or several travel services of a single type of travel service can be found in Section A, and those for related travel services in Section B of these terms and conditions.
Travel Buddies offers its services as a travel agent exclusively on the basis of these General Terms and Conditions. They govern the legal relationship between the customer and Travel Buddies. Travel Buddies acts on behalf of the customer on the basis of a paid agency agreement and arranges travel services from service providers; these also include tour operators who provide travel services to the customer on their own responsibility.
These terms and conditions apply to all bookings of travel services via the Travel Buddies internet travel portal at the internet addresses registered by Travel Buddies (hereinafter referred to as the “travel portal”), via the Travel Buddies telephone booking service, and to written bookings and bookings in text form, insofar as Travel Buddies acts solely as a travel agent and not as a tour operator.
1.1 By submitting the travel registration form (booking request) provided on the travel portal, by notifying Travel Buddies’ telephone booking service of the booking request by telephone, by sending written or text-based booking requests to Travel Buddies, and by making a verbal booking request, the customer makes a binding offer to Travel Buddies to conclude a paid agency agreement (hereinafter referred to as “agency order”), to which they are bound for 10 days. Travel Buddies shall then arrange a contract for specific travel services (hereinafter referred to as the “main contract”) between the customer and the respective service provider. The booking request also constitutes the customer’s offer to conclude the main contract with the service provider.
1.2 Travel Buddies accepts the customer’s agency order in text form, in writing or (remotely) verbally. Upon acceptance of the booking request by Travel Buddies, the agency contract is concluded between Travel Buddies and the customer as a business management contract. The agency contract does not require any specific form.
1.3 If the travel service requested by the customer is available and the service provider accepts the customer’s offer to conclude the main contract for this travel service, the main contract is concluded between the customer and the service provider. The service provider accepts the customer’s booking offer by sending a written booking confirmation or one in text form.
1.4 The mutual rights and obligations arising from the agency agreement are based on the agreements made between Travel Buddies and the customer, these terms and conditions, and, in addition, the statutory provisions.
1.5 The rights and obligations of the customer vis-à-vis the service provider are governed exclusively by the provisions of the main contract and the travel and business conditions of the service provider. Travel Buddies will inform the customer of the travel and business conditions of the service provider before or upon conclusion of the main contract and give the customer the opportunity to take note of their content.
1.6 If the customer also registers other travel participants for the travel service, the customer undertakes to be responsible for the contractual obligations of all travel participants registered by him, provided that he has assumed this obligation by means of an express and separate declaration.
1.7 Travel Buddies points out that, in accordance with the statutory provisions (§§ 312 (7), 312g (2) sentence 1 no. 9 BGB), there is no right of withdrawal for package travel contracts pursuant to § 651a and § 651c BGB that have been concluded by means of distance communication (letters, catalogs, telephone calls, faxes, emails, messages sent via mobile phone service (SMS) as well as radio, telemedia and online services), there is no right of withdrawal, but only the statutory rights of withdrawal and termination. In particular, the right of withdrawal pursuant to § 651h BGB. However, a right of withdrawal exists if the contract for travel services pursuant to § 651a BGB was concluded outside of business premises, unless the verbal negotiations on which the conclusion of the contract is based were conducted on the basis of a prior order by the consumer; in the latter case, there is also no right of withdrawal. The above notice also applies if contracts for accommodation services (e.g., hotel rooms) or flight services are concluded with Travel Buddies, in which Travel Buddies is not an agent but the direct contractual partner of the customer/traveler.
1.8 The customer is responsible for all contractual obligations of fellow travelers for whom he/she makes the booking, as well as for his/her own, provided that he/she has assumed this obligation by means of an express and separate declaration.
1.9 For trips involving international flights, the flight booking made by Travel Buddies is considered confirmation of the booking, even if the customer has not yet been notified of this. As flight prices are subject to constant fluctuations, Travel Buddies prioritizes booking flights before issuing the invoice. In exceptional cases, especially during busy booking periods, there may be a delay of several days between flight booking and invoice dispatch. In this case, the flight booking is already considered a booking confirmation. The customer can check the status of the flight booking with Travel Buddies at any time. In case of doubt, Travel Buddies will provide proof of the booking date.
2.1 The contractual obligation of Travel Buddies, in accordance with these agency terms and conditions, consists of
a) the brokerage of contracts, subject to availability, with the respective service provider in accordance with the booking request,
b) processing the booking (in particular, handing over the travel documents, unless these are sent directly to the customer by the service provider in accordance with the agreements made with the service provider) and
c) advising the customer on their selection in accordance with the wishes and requirements of the customer as communicated to Travel Buddies.
2.2 When providing advice and information, Travel Buddies is only liable for the correct selection of the source of information and the correct transmission of the information obtained to the customer, unless the advice and information has been expressly provided as binding.
2.3 A special information contract, in which the essential contractual obligation is the obligation to provide information, shall only come into effect if there is a corresponding express agreement between Travel Buddies and the customer.
2.4 Travel Buddies is only obliged to find the cheapest provider if this has been agreed.
2.5 The customer is hereby expressly advised of the possibility of taking out
travel cancellation insurance; Travel Buddies recommends that this be done. Such insurance is not included in the service prices. If the customer takes out such insurance through Travel Buddies, Travel Buddies is not obliged – unless otherwise agreed – to inform the customer about the scope, coverage, and other insurance conditions, provided that the customer can obtain information about the insurance conditions from the documents provided to them or available to them from the service provider or from the insurer’s insurance documents.
3.1 Travel Buddies shall inform the customer on the travel portal or, at the customer’s express request, in another suitable manner, about entry, passport, and visa requirements, including the expected time required to obtain these documents, as well as about health formalities. When providing this information, Travel Buddies assumes that the customer and his fellow travelers are German citizens with no special circumstances (e.g., dual citizenship). If this is not the case, it is the customer’s responsibility to inform Travel Buddies.
3.2 The information and advice provided by Travel Buddies in accordance with Section 3.1 is limited to the provision of information from or about suitable sources of information, in particular from current reference works customary in the industry, or to the passing on of information from foreign embassies, consulates, or tourist offices.
3.3 The customer is responsible for obtaining passport, visa, and health documents, unless Travel Buddies has expressly agreed to obtain these documents by special agreement. In this case, Travel Buddies may demand reimbursement of the expenses incurred in connection with the procurement of the documents (e.g., telecommunications costs and, in urgent cases, the costs of courier services and/or the costs of commissioning relevant service companies). When accepting an order for the procurement of documents, Travel Buddies must inform the travel customer of the estimated costs.
3.4 Travel Buddies is not liable for the issuance of visas or other documents and for the timely receipt of the documents to be procured, unless Travel Buddies is culpably (co-)responsible for the circumstances leading to the non-issuance or delayed receipt.
4.1 Travel Buddies merely acts as an agent for travel services and does not guarantee the availability of any travel service. If only a travel service that differs from the customer’s agency order can be arranged, Travel Buddies will inform the customer of this and await their instructions. The traveler may accept this offer, which differs in content, within a period set by the organizer for acceptance of the amended offer, namely by paying the travel price or commencing the trip. If acceptance does not take place, a main contract will not be concluded.
4.2 Travel Buddies, as well as the customer themselves, are obliged to check the booking confirmations sent to the customer by the service provider, as well as airline tickets, hotel vouchers, visas, insurance certificates, and other travel documents for accuracy and completeness, in particular for conformity with the booking request. Travel Buddies cannot check for changes and deviations resulting from direct communication between the service provider and the customer. The customer is obliged to inform Travel Buddies immediately of any deviations, missing documents, or other discrepancies. If the customer fails to comply with this obligation, they may be jointly liable for any damage resulting therefrom (§ 254 BGB).
4.3 If the content of the travel confirmation from Travel Buddies deviates from the content of the booking, this constitutes a new offer from Travel Buddies. The contract is concluded on the basis of this new offer, provided that Travel Buddies has pointed out the change with regard to the new offer and has fulfilled its pre-contractual information obligations, and the customer has declared their acceptance to Travel Buddies by means of an express declaration or down payment.
5.1 Travel Buddies may charge a service fee for brokering the main contract and the related services. The amount of this fee is variable and depends on the travel service booked. The service fee is not refundable in the event of cancellation of the main contract, unless the cancellation is due to the fault of Travel Buddies and/or its vicarious agents.
5.2 In the event of cancellation of a booked travel service, Travel Buddies may demand payment from the customer of the cancellation costs communicated at the time of booking, insofar as the organizer has commissioned Travel Buddies to collect the consideration. If Travel Buddies pays fees for trips or cancellations or flat-rate compensation for the customer to service providers or tour operators, Travel Buddies is entitled to claim reimbursement of expenses from the customer. The customer may only offset these claims with their own claims if these are undisputed or have been legally established or are based on culpable action on the part of Travel Buddies. The forwarding of the travel fee to the service provider shall not be precluded by any warranty claims of the customer or other claims of the customer against the service provider.
5.3 Insofar as Travel Buddies arranges package tours (§ 651a BGB), Travel Buddies shall check the validity of the organiser’s security certificate. Payments are only due when the organiser’s security certificate is handed over to the customer. If the security certificate is available, payment is due in accordance with the tour operator’s terms of payment; travel documents will be sent on the basis of the tour operator’s terms and conditions or the agreement with the service provider. For internet bookings, Travel Buddies will send the travel documents to the customer within 4 working days of the booking, but not before receipt of full payment from the customer. For short-term bookings made less than 3 working days before the start of the service, the documents will be deposited for the customer at the airport or at another service location as agreed.
5.4 Receipt of cancellations
Withdrawal and cancellation notices must be made in writing (e.g., by email). Notices shall only be deemed to have been received on the same day if they are received by Travel Buddies by 4:00 p.m. Monday through Friday. Notices received after 4:00 p.m. or on weekends/holidays shall be deemed to have been received on the next business day.
6.1 Travel Buddies has no influence on changes to the price, service, or fare of the travel service arranged. If such a change has been effectively agreed between the customer and the service provider, Travel Buddies may claim the difference from the customer.
6.2 Insofar as Travel Buddies acts as an agent for air transportation, Travel Buddies clarifies that, due to internationally applicable aviation law provisions, airlines reserve the right to make changes to the agreed services within the framework of legal provisions. These changes are not the responsibility of Travel Buddies. Price increases are only permissible if they are received by the customer up to 20 days before the start of the trip.
7.1 In the event of complaints and the assertion of claims against the service provider, Travel Buddies’ obligation is limited to providing the name and address of the service provider. This does not apply if Travel Buddies has been authorized by the service provider to receive these statements.
7.2 With regard to any claims by the customer against the mediated service providers, Travel Buddies is not obliged to provide advice on the type, scope, amount, eligibility requirements, and deadlines to be observed or other legal provisions.
8.1 Travel Buddies’ liability as a travel agent for damages incurred by the customer, regardless of the legal basis, is limited to three times the price of the travel service arranged, provided that the damage suffered by the customer was not caused by Travel Buddies or a legal representative or vicarious agent of Travel Buddies either intentionally or through gross negligence and is not based on a breach of essential contractual obligations by Travel Buddies or a legal representative or vicarious agent. Damages resulting from injury to life, limb, or health are excluded from the above limitation of liability. Travel Buddies is liable for these damages in accordance with the statutory provisions.
8.2 Notwithstanding any liability of Travel Buddies under Section 8.1, Travel Buddies, as a travel agent, is not liable for the proper performance of the arranged service itself. The respective service providers are solely responsible for the fulfillment and any defects in the travel services arranged.
8.3 Travel Buddies accepts no liability for changes to the services provided by the service provider after conclusion of the main contract.
9.1 In accordance with EU Regulation No. 2111/2005 on the establishment of a Community list of air carriers, the agent is obliged to inform the passenger of the identity of the operating airline at the time of booking. If the operating airline is not yet known at the time of booking, the agent will provide the customer with the information available from the agency about the airline that is likely to operate the flight. If there is a change of airline, the customer will be informed of the change immediately. The Community list of airlines banned from flying in the European Union is available on the websites http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm and www.lba.de and can be provided to the customer on request at the agent’s business premises.
9.2 The contractual relationship between the customer and the airline is governed – where applicable – by the statutory provisions of the German Air Traffic Act, the Warsaw and Montreal Conventions and, directly, as domestic statutory provisions,
Regulation (EC) No. 261/2004 on air passenger rights
Regulation (EC) No. 2111/2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air passengers of the identity of the operating air carrier
Regulation (EC) No. 1107/2006 of the European Parliament and of the Council concerning the rights of disabled air passengers and air passengers with reduced mobility.
9.3 Customers are strongly advised to inform themselves about their rights as passengers, e.g. by reading the notices at airports, the information provided by the operating airline, or the information sheets of the Federal Aviation Authority at www.lba.de.
10.1 The following applies to the prices and service fees for the brokerage of air transport services by airlines in accordance with Section 9 of these brokerage terms and conditions:
10.2 The prices quoted and invoiced are the prices of the airlines, which do not include any commission or other remuneration from the airline for the agent’s activities.
10.3 The agent’s remuneration within the scope of this agency activity is therefore exclusively based on service fees to be paid by the customer.
10.4 Unless otherwise agreed in individual cases, the service fee for Travel Buddies’ agency activities is 10% of the gross price of the air transport company arranged. The service fee for the brokerage activity in connection with flight bookings is 10% or, unless otherwise agreed in individual cases, €60 per flight ticket, and €100 per ticket for business and first class.
10.5 If no agreement has been reached on the amount of a corresponding service fee, the customer owes the agent remuneration in accordance with the statutory provisions, i.e., the client is obliged to pay the usual remuneration.
10.6 The service fees for the brokerage of other travel services and for other activities on behalf of the customer require a corresponding agreement. This can be done, for example, by means of a corresponding verbal or written notice from the agent.
10.7 The agent’s claim to service fees – including for flight brokerage – remains valid in the event of service disruptions or changes, in particular rebooking, name changes, withdrawal, cancellation, or termination of the brokered contract by the service provider or the customer. This does not apply if the customer is entitled to a refund due to a claim for damages on the part of the customer for defects in the agent’s consulting or agency services arising from contractual or statutory claims.
11.1 The customer must assert any claims against Travel Buddies due to non-contractual fulfillment of the agency contract within one month (limitation period). This does not apply to claims by the customer for injury to life, limb, health, or other damages based on an intentional or grossly negligent breach of duty by Travel Buddies or one of its legal representatives or vicarious agents. Claims for non-obvious defects in the work performed are also excluded.
11.2 The preclusive period begins at the end of the arranged travel service agreed in the main contract (in the case of several directly consecutive travel services, at the end of the last travel service), but not earlier than the time at which the customer becomes aware of the circumstances giving rise to the claims against Travel Buddies. After expiry of this limitation period, the customer may only assert claims against Travel Buddies if he was prevented from meeting the deadline through no fault of his own.
11.3 Claims of the customer against Travel Buddies shall become time-barred after one year. The limitation period shall commence at the end of the year in which the claim arose and the customer became aware of the circumstances giving rise to the claim and the identity of the opposing party, or could have become aware of them without gross negligence.
11.4 The limitation period specified in clause 11.3 does not apply to claims by the customer for injury to life, limb, health, or other damages based on an intentional or grossly negligent breach of duty by Travel Buddies or one of its legal representatives or vicarious agents, or on a breach of essential contractual obligations. The limitation period for the aforementioned claims is governed by the statutory provisions.
The provisions of this Section B on the arrangement of linked travel services apply exclusively if Travel Buddies provides the form for the arrangement of linked travel services. In this form, the customer is informed that booking an additional travel service with Travel Buddies does not constitute booking a package tour, but that linked travel services arise upon conclusion of the second contract.
1.1 Travel Buddies may only accept payments from the traveler for remuneration for travel services of linked travel arrangements if Travel Buddies has ensured that these will be reimbursed to the traveler, insofar as travel services are to be provided by Travel Buddies itself or remuneration claims of mediated service providers are still to be fulfilled and, in the event of Travel Buddies’ insolvency, travel services are canceled or the traveler complies with payment requests from unsatisfied mediated service providers with regard to travel services provided.
1.2 Travel Buddies provides this assurance when arranging associated travel services by taking out insolvency insurance in accordance with Section 651w (3) of the German Civil Code (BGB), stating the name and contact details of the customer money insurer in a clear, understandable and prominent manner and by handing over a corresponding security certificate for all payments made by the customer to Travel Buddies for associated travel services, unless the customer pays the brokered service provider of the associated travel service directly.
In addition, the provisions of Part I, Section A apply to the brokerage of associated travel services.
The following provisions, insofar as they are effectively agreed, shall form part of the package travel contract concluded between you (hereinafter referred to as “customer,” “guest,” or ‘traveler’) and Travel Buddies GmbH (hereinafter abbreviated as “Travel Buddies”). They supplement and complete the legal provisions of §§ 651a – y BGB (German Civil Code) and Articles 250 and 252 of the EGBGB (Introductory Act to the BGB).
1.1 Travel Buddies’ package tour services do not generally include air transportation services. Unless the flight is expressly stated in the travel advertisement as part of the package tour offered and carried out by Travel Buddies, flight services are not to be understood as separate services, but as brokered services in addition to the package tour.
1.2 Insofar as Travel Buddies brokers additional tourist services from other service providers (e.g. air transport services and airport lounge access), and these ancillary services from the other service provider do not constitute a significant proportion of the total value of this service package and do not represent an essential feature of this service package from the service provider or from Travel Buddies itself, nor are they advertised as such, Travel Buddies merely acts as an agent. In this respect, reference is made to Part I, Section A.
1.3 As a travel agent, Travel Buddies acts as an intermediary for linked travel arrangements, provided that the requirements for Travel Buddies to act as an intermediary for linked travel arrangements are met in accordance with the legal provisions of § 651w BGB (German Civil Code). In this regard, please refer to Part 1, Section B.
1.4 Notwithstanding Travel Buddies’ obligations as a provider of linked travel arrangements in accordance with Part I, Section B, and the legal consequences of non-compliance with these legal obligations, Travel Buddies is neither a tour operator nor a contractual partner in the contract for the arranged services concluded in the event of a booking if the conditions set out in 1.2 or 1.3 are met. Travel Buddies is therefore not liable for the information provided by the contracted service provider regarding prices and services, for the provision of services itself, or for damages arising from these brokered services. Any liability of Travel Buddies arising from the brokerage contract and from statutory provisions, in particular from mandatory regulations on telemedia and electronic commerce, remains unaffected by this.
1.5 The above provisions do not affect Travel Buddies’ liability under the agency agreement.
2.1 The contract is concluded either upon dispatch of the invoice (booking confirmation) or upon completion of the flight booking (see also 2.2) by Travel Buddies, which the customer has declared binding in advance by signing the booking order. In general, acceptance does not require any specific form.
2.2 For package tours with international flights, the flight booking by Travel Buddies is already considered a booking confirmation, even if the customer has not yet been notified of this. As flight prices are subject to constant fluctuations, Travel Buddies prioritizes the booking of flights before issuing the invoice. In exceptional cases, especially during busy booking periods, there may be a delay of a few days between the flight booking and the invoice being sent. In this case, the flight booking is already considered a booking confirmation. The customer can check the status of the flight booking with Travel Buddies at any time. In case of doubt, Travel Buddies will provide proof of the booking date.
2.2 By registering for the trip, the customer makes a binding offer to Travel Buddies to conclude a travel contract.
2.3 The trip description on the internet and in the documents sent by Travel Buddies do not constitute a legal offer. Only the customer’s registration is to be understood as an offer in the legal sense, to which the customer is bound until acceptance by Travel Buddies, but for a maximum of 14 days from registration.
2.4 The customer is responsible for all contractual obligations of fellow travelers for whom they make the booking, as well as for their own, provided that they have assumed this obligation by means of an express and separate declaration.
2.5 If the content of the booking confirmation from Travel Buddies differs from the content of the booking, this constitutes a new offer from Travel Buddies. The contract is concluded on the basis of this new offer, to which Travel Buddies is bound for a period of 10 days. This applies provided that Travel Buddies has pointed out the change in the new offer and fulfilled its pre-contractual information obligations, and the customer has declared their acceptance to Travel Buddies by means of an explicit declaration or down payment.
2.6 Travel Buddies points out that, in accordance with the statutory provisions (§§ 312 (7), 312g (2) sentence 1 no. 9 BGB), there is no right of withdrawal for package travel contracts pursuant to § 651a and § 651c BGB that were concluded by means of distance communication (letters, catalogs, telephone calls, faxes, emails, messages sent via mobile phone service (SMS), as well as radio, telemedia, and online services), there is no right of withdrawal, but only the statutory rights of withdrawal and termination. In particular, the right of withdrawal pursuant to § 651h BGB. However, a right of withdrawal exists if the contract for travel services pursuant to § 651a BGB was concluded outside of business premises, unless the verbal negotiations on which the conclusion of the contract is based were conducted on the basis of a prior order by the consumer; in the latter case, there is also no right of withdrawal. The above notice also applies if contracts for accommodation services (e.g., hotel rooms) or flight services are concluded with Travel Buddies, in which Travel Buddies is not an agent but the direct contractual partner of the customer/traveler.
3.1 Upon receipt of the invoice, the amount due must be transferred to the specified account by the specified due date. Payment deadlines and deposit amounts may vary depending on the destination, travel period, and the conditions of local partner companies. These will be communicated to the customer transparently before booking and are deemed to have been agreed upon conclusion of the contract.
3.1.1 Standard destinations
Unless otherwise agreed, a deposit of 25% of the total travel price is agreed for individual trips outside Africa. This is due upon receipt of the invoice and will be credited to the total price. Travel insurance is not included in the travel price and is due with the deposit.
3.1.2 African destinations (e.g., Namibia, Botswana, Zimbabwe, etc.)
For trips to Africa, a deposit of 35% of the trip price is due upon receipt of the invoice due to the advance payment conditions of local partners. This deposit is non-refundable if the booked services are not or only partially refunded by the service providers in the event of cancellation.
3.1.3 The remaining payment is due no later than 30 days before the start of the trip. For last-minute bookings (less than 30 days before the start of the trip), the total amount is due for payment immediately. The travel documents will be sent after full payment has been received.
3.1.4 For the booking of certain group tours or special services (e.g., exclusive camps, charter flights), a deposit of up to 100% of the tour price may be required if this is necessary due to the terms and conditions of the service providers. The customer will be expressly informed of this before booking.
3. 2 If the customer fails to make the deposit and/or the remaining payment on time, even though Travel Buddies is ready and able to provide the contractual service, has fulfilled its information obligations, and the customer has no contractual or legal right of retention, Travel Buddies is entitled, after unsuccessful reminder with a deadline, to withdraw from the package travel contract and charge the customer cancellation fees in accordance with § 7.
3.3 Payments towards the travel price may only be accepted before the end of the package tour if Travel Buddies has sent the customer a travel security certificate that meets the legal requirements of § 651r BGB (German Civil Code).
3.4 If the booking is made less than 30 days before the start of the trip, the entire travel price is due immediately upon receipt of the invoice.
3.5 Flight costs – special payment terms:
Flights booked as part of a package tour or as an individual service are to be paid in full to the respective airline immediately after booking by Travel Buddies.
Therefore, the entire flight price is due for payment immediately upon invoicing.
3.6 Refund reservation for flight tickets:
Flight tickets are paid in full by Travel Buddies to the respective airline immediately after booking. Refunds by the airline are often excluded or subject to restrictive conditions, especially in the case of special fares.
The customer expressly acknowledges that any existing claim for repayment against Travel Buddies in connection with flight costs is deferred until Travel Buddies has actually received the corresponding amount back from the airline.
A claim for repayment cannot be asserted or enforced before this point in time. This also applies if the customer is fundamentally entitled to a claim for repayment under the statutory provisions.
This provision is a mandatory requirement for flight bookings as part of a package tour (consisting of a land program and flight). It serves to protect Travel Buddies from liquidity risks through no fault of its own due to non-payment of refunds by the airline.
Customer funds—including flight costs—are secured by the legally required travel security certificate in accordance with § 651r BGB (German Civil Code).
4.1 The scope of the contractual services can be found in the service descriptions in the offer and the information referring to this in the confirmation/invoice. Services that are not expressly stated in the booking form or offer are not part of the contractually agreed service. Side agreements that change the scope of the contractual service require our express written confirmation.
4.2 Deviations of essential characteristics of travel services from the agreed content of the package travel contract that become necessary after conclusion of the contract and were not caused by Travel Buddies in bad faith are permitted by Travel Buddies before the start of the trip, provided that the deviations are insignificant and do not affect the overall nature of the trip.
4.3 Complaints regarding the contractually agreed services must be reported immediately to Travel Buddies or the colleagues on site so that remedial action can be taken without delay. If the participant culpably fails to report a defect and Travel Buddies is therefore unable to remedy the defect, a reduction in price is excluded. The traveler must assert claims under §§ 651c to 651f BGB (German Civil Code) against Travel Buddies within one month of the contractually agreed end of the trip.
4.4 You may set a reasonable deadline for Travel Buddies to remedy the situation, which you must communicate to Travel Buddies. After this period has expired, the customer is free to remedy the situation themselves and claim reimbursement of expenses from Travel Buddies. However, this period shall only be effective if a remedy has not already been offered or is excluded in accordance with section 3.4.
4.5 If disproportionate effort is required to provide a remedy, Travel Buddies may refuse to do so.
4.6 If the trip or continuation of the trip is unreasonable or significantly impaired due to a defect, you may terminate the travel contract in accordance with the law after a reasonable period of time has expired, which you must communicate. If the remedy is impossible, excluded under section 3.4, or if termination is already justified by a special customer interest, the obligation to set a deadline does not apply.
4.7 If the traveler does not make use of individual travel services that were duly offered to them for reasons attributable to them (e.g., due to early return or other compelling reasons), they are not entitled to a pro-rata refund of the travel price. Travel Buddies will endeavor to obtain a refund of the saved expenses from the service providers. This obligation does not apply if the services are completely insignificant or if a refund cannot be made. Travel Buddies is entitled to deduct a processing fee of €100 from the amount to be refunded and to retain it as compensation for the additional work involved.
5.1 The customer must immediately notify Travel Buddies of any errors or deficiencies in Travel Buddies’ agency services that are apparent to them after they have been identified. This includes, in particular, incorrect or incomplete personal customer data, other information, details, and documents relating to the travel services arranged, as well as the incomplete performance of agency services (e.g., bookings or reservations not made).
5.2
a) If the customer fails to notify Travel Buddies in accordance with clause 5.1, the following shall apply: If the customer fails to notify Travel Buddies in accordance with clause 5.1 through no fault of their own, their claims shall not lapse.
b) The customer’s claims against Travel Buddies shall lapse to the extent that Travel Buddies can prove that the customer would not have suffered any damage or would not have suffered damage in the amount claimed by the customer if they had notified Travel Buddies in accordance with clause 5.1. This applies in particular if Travel Buddies proves that immediate notification by the customer would have enabled Travel Buddies to remedy the defect or reduce the damage, e.g. by rebooking, making an additional booking or canceling with the mediated service provider.
c) If the customer fails to notify Travel Buddies in accordance with Section 5.1 through no fault of their own, their claims shall not lapse.
d) Claims of the customer in the event of failure to notify in accordance with clause 5.1 shall not lapse
in the case of damage resulting from injury to life, limb, or health resulting from an intentional or negligent breach of duty by Travel Buddies or a legal representative or vicarious agent of Travel Buddies
in the case of claims for compensation for other damages resulting from an intentional or grossly negligent breach of duty by Travel Buddies or a legal representative or vicarious agent of Travel Buddies
in the case of a breach of an essential obligation, the fulfillment of which is essential for the proper execution of the agency contract or the breach of which jeopardizes the achievement of the purpose of the contract.
Liability for booking errors pursuant to § 651x BGB remains unaffected.
e) A contractual and/or legal obligation of the customer to notify the mediated service provider of defects remains unaffected by clause 5.
f) In their own interest, the customer is requested to inform Travel Buddies of any special needs or restrictions with regard to the travel services requested.
5.3 Setting a deadline before termination If the customer/traveler wishes to terminate the package travel contract due to a travel defect of the type described in § 651i (2) BGB, provided it is significant, in accordance with § 651l BGB, they must first set Travel Buddies a reasonable deadline for remedial action. This shall not apply if Travel Buddies refuses to remedy the situation or if immediate remedy is necessary.
6.1 Travel Buddies may adjust the travel price if, after conclusion of the contract, certain factors beyond Travel Buddies’ control change. These include in particular:
– exchange rate fluctuations,
– increases in taxes, duties or transport costs,
– price changes by local service providers.
6.2 The basis for exchange rates is the reference rate used by Travel Buddies when preparing the offer (e.g. the ECB rate on the day the offer was made). Prices will only be adjusted:
– if the exchange rate deviates by more than 5%,
– if this results in actual additional costs for foreign currency services,
– and up to a maximum of 8% of the total price.
6.3 The customer will be informed of such a price change immediately, at the latest 20 days before the start of the trip. If the increase exceeds 8%, the customer may withdraw from the contract free of charge within the specified period. If no response is received, the price adjustment shall be deemed accepted. In the event of withdrawal, the travel price already paid shall be refunded in full. There shall be no further claims for damages.
6.4 Changes to air transportation may be made due to legal regulations of the airlines (e.g., schedule, routing, aircraft). These are not the responsibility of Travel Buddies. Claims due to delays, cancellations, or rebookings must be made directly to the airline (in particular in accordance with EU Regulation 261/2004). This also applies explicitly to flights booked as part of a package tour.
6.5 Changes to individual travel services are permissible if they
– become necessary after the conclusion of the contract,
– were not brought about by Travel Buddies in bad faith,
– and do not significantly affect the overall character of the trip.
In the event of significant changes, the customer may withdraw from the contract free of charge.
6.6 Travel Buddies will inform the customer immediately after becoming aware of significant changes or deviations.
6.7 The airline reserves the right to make changes, unless a specific airline has been expressly agreed in the contract.
7.1 The customer is free to withdraw from the trip at any time before the start of the trip. To avoid misunderstandings, the withdrawal must be declared by email or in writing. The date of receipt of the declaration of withdrawal by Travel Buddies is decisive for the calculation of the withdrawal costs. Receipt on the same day is only valid if the declaration is received by 4:00 p.m. Monday through Friday. Notifications received after 4:00 p.m. or on weekends/public holidays are legally considered to have been received on the next working day. The amount of the cancellation fees depends on the price of the trip. The cancellation fees per registered participant in the event of cancellation are listed below.
7.1.1 Cancellation scale A – Standard destinations (all countries outside Africa)
Applies to individual trips with or without flights, unless different conditions are stated in the offer:
7.1.2 Cancellation scale B – African destinations (e.g., Namibia, Botswana, Zimbabwe, etc.)
Applies to all trips where local partners (e.g., lodges, activities, transfers) require advance payments or have restrictive cancellation policies. This is the case for all destinations offered by Travel Buddies. Therefore, the following scale applies:
The customer is entitled to prove that the damage incurred was less than this.
Exception to the flat rates for flights as part of the package tour:
If flights are listed separately in the package tour price, Travel Buddies will receive no or only a small partial refund if the customer cancels. Therefore, the cancellation fee for the listed individual service is a flat rate of 100%. The listed flat-rate compensation fees apply to the remaining tour price.
7.1.2 For bookings with flights (outside of an individual trip)
For flight cancellations, we charge a fee of €85 per ticket. Any additional cancellation fees charged by the airline are to be paid in full by the traveler.
7.1.3 Sailing trips (as part of an individual trip)
If you cancel sailing trips and excursions, you will be responsible for any fees charged by the provider.
7.2 If the offer expressly states different cancellation and rebooking conditions, these shall take precedence.
7.3 The travel customer is free to prove to Travel Buddies that no damage or significantly less damage than the flat rate charged has been incurred.
7.4 If a travel participant disrupts the trip despite a warning, or if they behave in a manner that is grossly contrary to the contract, Travel Buddies has the right to terminate the contract without notice. Travel Buddies retains the right to claim the travel price.
7.5 Instead of the above lump sums, Travel Buddies may demand higher, specifically quantified compensation if Travel Buddies can prove that the cancellation has resulted in higher expenses. In this case, Travel Buddies is obliged to provide evidence of the amount claimed, taking into account any expenses saved and any other use of the travel services.
7.6. If the traveler withdraws before the start of the trip or does not commence the trip, Travel Buddies loses its claim to the travel price. Instead, Travel Buddies may demand reasonable compensation in accordance with the cancellation scale, provided that Travel Buddies is not responsible for the withdrawal or that unavoidable, extraordinary circumstances arise at or in the immediate vicinity of the destination which significantly impair the performance of the package tour or the transport of persons to the destination; Circumstances are unavoidable and exceptional if they are beyond the control of Travel Buddies and their consequences could not have been avoided even if all reasonable precautions had been taken.
7.7. We strongly recommend that you take out travel cancellation insurance and insurance to cover repatriation costs in the event of accident or illness.
8.1 If, after conclusion of the travel contract and up to 30 days before the start of the trip, the traveler wishes to take a different trip instead of the one originally booked or to provide a suitable replacement person, this is possible in principle after consultation. Travel Buddies will charge a rebooking fee of EUR 200 per person for the additional expense, plus the costs incurred by the entry of the third party. Later rebookings may be made after consultation for an increased rebooking fee plus the costs incurred by the entry of the third party.
8.2 If the customer requests a rebooking less than 30 days before departure, this can only be done, if at all possible, after withdrawing from the package tour contract in accordance with section 5 and under the conditions and simultaneous re-registration. This does not apply to rebooking requests that only incur minor costs.
8.3 Requests for rebooking during the trip, such as changes to the itinerary, accommodation, activities, or transfer times, are only possible after consultation with and approval by Travel Buddies (at least 48 hours during working days, Monday to Friday). In any case, a rebooking fee of 200 euros per traveler plus cancellation costs will be charged.
8.4 A rebooking is always subject to the availability of the service.
Travel Buddies may cancel if the minimum number of participants is not reached in accordance with the following provisions:
The minimum number of participants and the latest date by which Travel Buddies’ cancellation notice must be received by the customer must be specified in the respective pre-contractual information.
Travel Buddies must specify the minimum number of participants and the latest cancellation deadline in the travel confirmation.
Travel Buddies is obliged to inform the customer immediately of the cancellation of the trip if it is certain that the trip will not take place due to the minimum number of participants not being reached.
Cancellation by Travel Buddies later than 3 weeks before the start of the trip is not permitted.
If the trip is not carried out for this reason, the customer shall immediately receive a refund of any payments made towards the trip price.
10.1 It is the traveler’s responsibility to inform Travel Buddies if the necessary travel documents (e.g., hotel vouchers, accommodation vouchers) are not delivered within the period specified by Travel Buddies.
10.2 The traveler is obliged to check the travel documents provided for accuracy and completeness, in particular for conformity with the booking. Travel Buddies must be informed immediately of any discrepancies, missing documents, or other inconsistencies. If this is not done, the traveler is jointly responsible for any resulting damage (§ 254 BGB).
11.1. According to EU Regulation No. 2111/2005 on informing passengers about the identity of the operating air carrier, Travel Buddies is obliged to inform the traveler about the identity of the operating airline and all air transport services to be provided as part of the booked trip at the time of booking. If the operating airline has not yet been determined, the probable airline must first be named and the traveler informed accordingly as soon as the operating airline has been determined. If there is a change in the operating airline, Travel Buddies must inform the traveler immediately. A “blacklist” of unsafe airlines banned from flying in the EU can be found on the following website: http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm
11.2. The airlines and the state coordination authorities are primarily responsible for the design of the flight schedule and its adherence. Therefore, there may be short-term changes to flight times, routes, and aircraft that are beyond the control of Travel Buddies. Travel participants are obliged to check with the airline before their return flight to find out the exact time of their return flight and to have their return flight confirmed. In addition, reference is made to the relevant explicit information in the travel documents. Any claims by the travel participant due to unreasonable changes in services remain unaffected.
12.1 Travel Buddies shall inform travelers of all important travel regulations, such as entry and health regulations, in the travel documents. It is assumed that the traveler is a citizen of the Federal Republic of Germany. For citizens of other countries, the relevant consulate will provide information.
12.2 The traveler is responsible for complying with all regulations that are important for the execution of the trip. Any disadvantages arising from non-compliance with these regulations shall be borne by the traveler. The traveler must ensure that their passport and other necessary documents are valid.
Travelers are advised that baggage loss, damage, and delay in connection with air travel must be reported immediately on site to the responsible airline using a damage report (“P.I.R.”) in accordance with air traffic regulations. Airlines and Travel Buddies may refuse reimbursement under international agreements if the damage report has not been completed. The damage report must be submitted within 7 days in the case of baggage damage and within 21 days in the case of delay after delivery.
In addition, the loss, damage, or misdirection of luggage must be reported immediately to Travel Buddies, its representative or contact point, or the travel agent. This does not release the traveler from the obligation to submit the damage report to the airline within the above-mentioned deadlines.
14.1. Due to the constantly changing situation, it is accepted that the agreed travel services will always be provided by the respective service providers in compliance with and in accordance with the official requirements and regulations applicable at the time of travel.
14.2. The traveler agrees to observe reasonable rules or restrictions of use imposed by the service providers when using travel services and to notify the tour guide and service provider immediately in the event of typical symptoms of illness.
The traveler should obtain information about infection and vaccination protection as well as other prophylactic measures in good time; if necessary, medical advice should be sought on thrombosis and other health risks. Reference is made to general information, in particular from health authorities, tropical medicine specialists, travel medicine information services, or the Federal Center for Health Education. The information material provided by Travel Buddies in this regard does not claim to be continuously up-to-date or complete, although we endeavor to keep our documents up-to-date.
Our liability for damages that are not physical injuries is limited to a total of three times the travel price in the case of contractual claims for damages, provided that the damage to the participant was not caused by us either intentionally or through gross negligence, or Travel Buddies is solely responsible for damage incurred by the travel participant due to the fault of a service provider. If international agreements or legal regulations based on such agreements apply to a service to be provided by a service provider, according to which a claim for damages can only arise or be asserted under certain conditions or restrictions or is excluded under certain conditions, Travel Buddies may also invoke this against the travel participant.
15.1 Travel Buddies’ contractual liability for damages that do not result from injury to life, limb, or health and were not caused by negligence is limited to three times the travel price. Any claims exceeding this amount under the Montreal Convention or the Air Traffic Act remain unaffected by this limitation of liability.
15.2 Travel Buddies is not liable for service disruptions, personal injury, or property damage in connection with services that are merely arranged as third-party services (e.g., arranged guided tours, excursions, etc.) if these services were clearly identified as third-party services in the travel advertisement and the travel confirmation, stating the identity and address of the contracted partner (so that it is clear to the traveler that they are not part of the Travel Buddies package tour and were selected separately). Sections 651b, 651c, 651w, and 651y of the German Civil Code (BGB) remain unaffected by this.
15.3 However, Travel Buddies shall be liable if and to the extent that damage suffered by the traveler is caused by a breach of Travel Buddies’ duties to provide information, clarification, or organization.
Claims for travel defects (Sections 651 c – 651 f BGB) expire after one year. This limitation period begins on the day on which the trip was to end according to the travel contract. The assertion of other claims remains unaffected by this provision.
Should one of the above travel conditions be ineffective or inadmissible, this shall not affect the validity of the remaining travel conditions.
1.1 Travel Buddies shall, on behalf of the customer, submit electronic applications for entry documents (hereinafter referred to as “e-visas”) for certain travel destinations. The exact scope and destination country of the visa service is specified in the respective offer description on the website or in the travel offer.
1.2 Travel Buddies is solely responsible for the technical application for the e-visa at the relevant foreign mission or official authority of the destination country. The decision on the issuance, rejection, or validity of the visa lies solely with the government authorities. Travel Buddies assumes no guarantee or liability for the actual entry permit or refusal.
1.3 The e-visa will be sent digitally by email to the address provided by the customer. It will not be sent by post.
2.1 The customer is obliged to provide all data required for the visa application completely and truthfully. This includes, in particular, information about their passport, itinerary, occupation, nationality, and purpose of travel.
2.2 Incorrect, incomplete, or late information may result in the visa being denied or entry being refused. The customer is liable for any resulting disadvantages (e.g., additional costs, rebookings, cancellation fees).
3.1 By completing the order for an e-visa on the website or via the booking system, the customer makes a binding offer. The contract is concluded as soon as Travel Buddies accepts the order and payment has been received.
3.2 The fee for the visa service is clearly stated in the booking process and is due immediately. It includes the processing fee charged by Travel Buddies and, unless otherwise stated, the official visa fees of the destination country.
4.1 There is no right of withdrawal for personalized e-visas. The visa is created and transmitted immediately after the order is placed. Once the application has been successfully submitted and the visa has been sent, the e-visa cannot be revoked, canceled, or returned (Section 312g (2) No. 1 BGB).
4.2 The customer acknowledges that once the digital visa code has been transmitted, the service is considered to have been fully rendered—even in the event of rejection or non-use of the trip.
5.1 Travel Buddies is not liable for the decision of the foreign mission or border authorities regarding the issuance or recognition of the visa.
5.2 Travel Buddies accepts no responsibility for any consequences arising from delayed entry, rejection, or incomplete documents—in particular, for additional costs, rebookings, or delays in stay.
1.1 This part of the GTC applies to the booking of activities that are booked as individual services and are not related to a booked package tour.
1.2 The offer is accepted by us subject to availability when you receive a booking confirmation and, if applicable, a voucher/ticket (either a mobile voucher or a downloadable PDF voucher/ticket) and a payment confirmation. We reserve the right to accept or reject contract offers at our own discretion.
Changes must be made in writing by email to Travel Buddies.
For cancellations more than 24 hours before the start of the activity: full refund of the booking price; and
For cancellations up to 24 hours before the start of the activity or no-shows: no refund.
3.1 In most cases, the prices quoted include all taxes and fees. However, it is possible that additional local taxes or fees may be charged on site. If additional taxes or fees are charged on site, this will be indicated in the activity description.
3.2 Prices may be subject to special conditions, for example with regard to cancellations and refunds of payments made. Participants are responsible for checking whether they meet the necessary conditions before booking.
4.1 Participants are responsible for arriving at the designated meeting point on time. If you are traveling from abroad to participate in the activity, you are responsible for obtaining the necessary travel documents (passport, visa, etc.) and complying with health regulations, etc.
4.2 No insurance is included in the booking price of the services. Participants are responsible for ensuring that they have adequate insurance cover. We strongly recommend that you take out travel insurance, especially if you are participating in outdoor or high-risk activities.
4.3 No liability is accepted for damage resulting from an action of the participant or another participant.
4.4 The local time zone is decisive for time and deadline calculations.
4.5 By booking the service, you confirm that you are in good physical condition to perform the activity.
4.6 The activity may be canceled without notice if weather conditions, official measures, strikes, or other unforeseeable circumstances beyond our control (in particular events of force majeure) make it impossible or significantly more difficult or dangerous to carry out the activity. In this case, the booking price paid for the canceled activity will be refunded.
4.7 The guide conducting the activity may exclude participants from an activity if (i) the required conditions for participation are not met, (ii) the person would endanger themselves or others by participating, or (iii) would otherwise disrupt the activity. In these cases, the booking price paid for the activity will not be refunded.
4.8 Minor changes to the program may be made in advance or at any time during the activity if this appears necessary due to circumstances that arise at short notice. Minor program changes also include a change in the starting point/meeting point for the activity, provided that the new meeting point can be reached by participants from the originally agreed meeting point on foot or by public transport within 15 minutes. A change to the starting point/meeting point is possible up to 24 hours before the start of the booked activity and will be communicated by email or telephone.
Travel Buddies protects the personal data of all customers and therefore undertakes to collect, store, process, and use personal data, i.e., all data collected in connection with booking processes, registration processes, and/or the use of Travel Buddies services by Travel Buddies for the respective participant and, if applicable, other travel participants, solely for the purposes of processing contracts concluded with the involvement of Travel Buddies and for customer retention. Travel Buddies may transfer such data to third parties who use this data to fulfill and process contracts concluded with the involvement of Travel Buddies, in particular partner agencies, shipping companies, airlines, transfer service providers, hotel operators, and travel insurance providers. Travel Buddies undertakes not to pass on personal customer data to external third parties, unless there is a legal or official obligation to do so. You can find out more about your rights as a data subject, in particular your rights of objection, in the privacy policy at www.Travel Buddies.de
2.1 With regard to the Consumer Dispute Resolution Act, Travel Buddies points out that Travel Buddies does not participate in voluntary consumer dispute resolution. If consumer dispute resolution becomes mandatory for Travel Buddies after these terms and conditions have been printed, Travel Buddies will inform consumers of this in an appropriate manner. Travel Buddies refers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr/ for all travel contracts concluded in electronic legal transactions.
2.2 For customers/travelers who are not citizens of a member state of the European Union or Swiss citizens, German law shall apply exclusively to the entire legal and contractual relationship between the customer/traveler and Travel Buddies. Such customers/travelers may only sue Travel Buddies at its registered office.
2.3 For legal action taken by Travel Buddies against customers or contractual partners of the package travel contract who are merchants, legal entities under public or private law, or persons who have their place of residence or habitual abode abroad, or whose place of residence or habitual abode is unknown at the time the action is brought, the place of jurisdiction shall be the registered office of Travel Buddies.
The exclusive place of jurisdiction for lawsuits against Travel Buddies GmbH is Berlin. Otherwise, the statutory provisions shall apply.
The invalidity of individual provisions of the contract, including these terms and conditions, shall not result in the invalidity of the entire contract.
Tour operator
Travel Buddies GmbH
Oranienstraße 183, 10999 Berlin
Tel.:
info@travel-buddies.net
Entry in the commercial register
Register court: Berlin Charlottenburg
Register number: HRB 193126 B
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