1. Conclusion of the travel contract
1.1. With the travel registration, the customer makes a binding offer to Wüstenperle to conclude a travel contract.
1.2. The registration can be made in writing, electronically, verbally or by telephone. The contract is concluded upon acceptance by Wüstenperle. Acceptance requires no specific form. At or immediately after the conclusion of the contract, Wüstenperle will issue a travel confirmation to the travel customer.
1.3. If the content of the travel confirmation deviates from the content of the registration, then Wüstenperle has made a new offer to which Wüstenperle is bound for a period of 10 days. The contract is concluded on the basis of this new offer if the traveler declares acceptance within the binding period or starts the trip without objection.
1.4. The customer is responsible for all contractual obligations of fellow travelers for whom he makes the booking as for his own, provided that he has accepted this obligation through an express and separate declaration.
The scope of the contractual services results from the service descriptions of Wüstenperle (brochure, detailed programs and travel information) and from the information in the travel confirmation referring to this.
3. Service changes / price adjustment
3.1. Changes or deviations of individual travel services from the agreed content of the travel contract, which become necessary after the conclusion of the contract and which were not caused by Wüstenperle in bad faith, are only permitted if the changes or deviations are not significant and do not affect the overall design of the booked trip.
Wüstenperle points out that the character of our trekking trips is often characterized by the lack of detailed planning and the possibility of disruptions. (Weather, road and road conditions, official arbitrariness, means of transport, etc.) Delays, restrictions or the cancellation of program items caused by these reasons are foreseen by the contractual partners as a possible disruption and not understood as a lack of travel. No warranty claims can be derived from this.
3.2. Wüstenperle is obliged to inform the customer about significant changes in service immediately after becoming aware of the reason for the change. Any warranty claims remain unaffected insofar as the changed services are defective.
3.3. Wüstenperle reserves the right to increase the travel price after the conclusion of the travel contract in the event of an increase in transport costs or charges for certain services or a change in the exchange rates applicable to the trip in question. If the exchange rate changes, the travel price can be increased to the extent that the trip has become more expensive for Wüstenperle. The increase is only permissible if there are more than 4 months between the conclusion of the contract and the agreed travel date. Wüstenperle is obliged to inform the customer immediately, at the latest 21 days before the start of the trip.
3.4. In the event of a price increase of more than 5% or in the event of a significant change in an essential travel service, the traveler is entitled to withdraw from the travel contract without fees.
4.1. A deposit of EUR 125.00 is due upon conclusion of the contract.
4.2. The remaining payment of the travel price is due to us no later than four weeks before the start of the trip. The customer will receive all travel documents in good time before the start of the journey. If the original documents cannot be sent due to time constraints, the vouchers will be sent to the customer by fax. Additional costs due to special shipping procedures (registered mail, cash on delivery, courier services, deposits, etc.) are to be borne by the customer.
4.3. If the travel customer is in arrears with the deposit or the final payment, Wüstenperle is entitled, after a threat of rejection to no avail, to withdraw from the travel contract and to demand compensation in the amount of the agreed cancellation costs (see Section 5).
5. Withdrawal by the customer (cancellation costs) and substitute person
5.1. The customer can withdraw from the trip at any time before the start of the trip. The receipt of the declaration of withdrawal by Wüstenperle is decisive. The customer is recommended to declare the cancellation in writing.
5.2. If the customer withdraws from the travel contract (cancellation) or does not start the trip, Wüstenperle loses the right to the travel price, but can demand compensation in accordance with § 651 i II BGB. Subject to a concrete calculation of a compensation according to § 651 i II BGB, Wüstenperle can flat-rate this compensation claim taking into account the following structure according to § 651 i III BGB.
The cancellation costs per customer are:
Up to 30 days before the start of the trip 15% of the travel price
from the 29th to the 22nd day before the start of the trip 25% of the travel price
from the 21st day to the 15th day before the start of the trip 35% of the travel price
from the 14th day to the 8th day before Beginning of travel 50% of the travel price
from the 7th day to the 1st day before the start of travel 60% of the travel price
80% of the travel price on the day of departure or in the event of non-commencement of the journey.
5.3. The traveler is at liberty to prove to Wüstenperle that Wüstenperle suffered no or significantly less damage than the flat rate required.
5.4. Until the start of the journey, the traveler can demand that a third party take over the rights and obligations arising from the travel contract instead of him. Wüstenperle can object to the entry of the third party if they do not meet the special travel requirements or their participation is contrary to legal regulations or official orders. In the event of a contract transfer, the original traveler and the substitute participant are jointly and severally liable for the travel price and the additional costs incurred through the entry of the third party.
5.5. We recommend taking out travel cancellation insurance and also repatriation insurance in the event of an accident or illness. (Please contact your health insurance company or an insurance broker you trust).
5.6. Services not used, for example due to early return or for other reasons, cannot be reimbursed.
6. Withdrawal and termination by Wüstenperle
In the following cases, Wüstenperle can withdraw from the travel contract before the start of the trip or terminate the travel contract after it has started:
6.1. Without observing a deadline, if the traveler persistently disrupts the execution of the trip despite a warning or behaves in breach of contract to such an extent that the immediate termination of the contract is justified. Despite the termination, the right to the full travel price remains. The value of the saved expenses, which Wüstenperle obtains from another use of unused services, including the amounts credited by our service providers, can be offset.
6.2. Up to 2 weeks before departure if a minimum number of participants advertised by Wüstenperle is not reached. The withdrawal must be explained to the customer immediately. The travel price paid up to that point will be reimbursed immediately.
6.3. Up to 4 weeks before the start of the trip, if after exhausting all possibilities it is not reasonable for Wüstenperle to carry out the trip because the volume of bookings for this trip is so low that the costs incurred in carrying out the trip exceed the economic sacrifice limit, based on this journey. The customer receives payments made on the travel price back immediately.
6.4. Reference is made to the statutory termination options due to force majeure in accordance with § 651 j BGB.
7.1. If travel services are not provided in accordance with the contract, the customer can request remedy. The defect must be reported immediately to the local tour guide or Wüstenperle. Wüstenperle can, among other things, remedy the situation by providing an equivalent replacement service.
7.2. For the duration of a non-contractual provision of the trip, the traveler can demand a corresponding reduction in the price of the trip if the defect is not just insignificant. The reduction does not occur if the traveler culpably fails to report the travel defect
7.3. If the trip is significantly impaired as a result of a defect, the customer can terminate the travel contract. However, a cancellation of the travel contract by the customer is only permissible if Wüstenperle does not provide a reasonable remedy after the customer has set a reasonable deadline for this. There is no need to set a deadline if the remedy is impossible, is refused by Wüstenperle or if the immediate termination is justified by a special interest of the customer.
8.1. Wüstenperle’s contractual liability for damage that is not bodily harm is limited to three times the travel price, unless the damage was caused intentionally or through gross negligence. The same applies if Wüstenperle is solely responsible for the damage due to the fault of a service provider. Reference is made to the statutory provisions of § 651 h I BGB.
8.2. Wüstenperle’s tortious liability for damage to property that is not based on intent or gross negligence is limited to three times the travel price. This maximum liability applies to each customer and trip.
8.3. Wüstenperle is not liable for service disruptions in connection with services that are only mediated as third-party services and that are expressly marked as third-party services in the travel description.
8.4. A claim for damages against Wüstenperle is limited or excluded insofar as a claim for damages against the service provider can only be asserted under certain conditions or restrictions due to international conventions or statutory provisions based on such, which are to be applied to the services to be provided by a service provider or excluded under certain conditions. Reference is made to the statutory provisions of § 651 h II BGB.
9. Duty to Cooperate
The travel customer is obliged to cooperate within the framework of the statutory provisions in the event of service disruptions, to avoid any damage or to keep it to a minimum. In particular, the travel customer is obliged to inform the local tour guide or Wüstenperle of his complaints immediately. If the travel customer culpably fails to report a defect, a claim for a reduction does not arise.
10. Registration of claims, statute of limitations and prohibition of assignment
10.1. Claims due to non-contractual provision of the trip (§§ 651c to 651 f BGB) must be asserted by the travel customer within one month after the contractual end of the trip to Wüstenperle. After this period has expired, the travel customer can assert claims if he was prevented from meeting the deadline through no fault of his own. The assertion must describe the individual complaints in detail according to type, extent and scope so that Wüstenperle can check the individual components.
10.2. Claims according to §§ 651 c to 651 f BGB expire in one year. The statute of limitations begins on the day on which the trip should end according to the contract. Claims based on tort become statute-barred after three years.
11. Passport, visa and health regulations
11.1. The customer informs himself about the provisions of passport, visa and health regulations as well as any changes before the start of the journey.
11.2. Wüstenperle is not liable for the timely issue and access of the necessary visas by the respective diplomatic representation if the traveler has commissioned Wüstenperle with the procurement.
11.3. The traveler is responsible for complying with all passport, visa and health regulations that are important for the execution of the trip. All disadvantages, in particular the payment of cancellation costs, arising from non-compliance with these regulations are at his expense.
12.1. The jurisdiction of Wüstenperle is the place of business in morocco.
12.2. The place of residence of the traveler is decisive for Wüstenperle’s lawsuits against the traveller, unless the lawsuit is directed against registered traders or persons who do not have a general place of jurisdiction in morocco, or against persons who, after conclusion of the contract, have their domicile or habitual abode in have relocated abroad, or whose domicile or habitual abode is not known at the time the action is filed. In these cases, the domicile of Wüstenperle is decisive.
13. Miscellaneous Provisions
13.1. The invalidity of individual provisions of these travel conditions does not result in the invalidity of the entire travel conditions.
13.2. The status of these travel conditions is August 2007.