1. scope of application of the GTC, registration for the trip, booking confirmation

1.1 These General Travel Conditions apply to all travel contracts concluded by African Bikers GmbH with a consumer in accordance with Section 13 of the German Civil Code (BGB) (“Customer”) that are concluded from July 1, 2018.

1.2 By registering, the customer makes a binding offer to African Bikers to conclude a travel contract based on the travel description, the instructions and information in the brochure and these General Terms and Conditions of Travel. The person registering is responsible for all contractual obligations of fellow travelers for whom he makes the booking, as if they were his own, provided that he has accepted this obligation by means of an express and separate declaration.

1.3 The travel contract is concluded when African Bikers accepts the customer's registration. African Bikers informs the customer of the conclusion of the contract with the written booking confirmation on a permanent data medium as confirmation of the contract (e.g. as an attachment to an email). If the content of the booking confirmation differs from the content of the registration, this constitutes a new offer from African Bikers and the contract is concluded with its content if the customer accepts it within 10 days by express or implied declaration (e.g. payment of the deposit).

2. Payment, travel documents

2.1 After receiving the booking confirmation/invoice and the security certificate, a deposit of 20% of the travel price is due immediately. The entire remaining travel price must be received in full by African Bikers 21 days before the start of the trip if it is certain that the trip will take place, and in particular that it can no longer be cancelled in accordance with section 7.1. The decisive factor for the timeliness of a payment is its credit to African Bikers. The due date for the remaining payment is stated on the invoice/booking confirmation.

2.2 The customer must inform African Bikers immediately if he does not receive the required travel documents within the period communicated by African Bikers or if these contain incorrect information, especially regarding the customer (name, date of birth, address).

2.3 If the travel price due is not paid by the customer despite a reminder and a reasonable deadline for payment, African Bikers may withdraw from the contract and charge the customer with cancellation costs based on section 6.1.

2.4 When registering for the trip, the customer can choose to pay by credit card and authorize African Bikers to debit their credit card account. African Bikers reserves the right to accept or reject payment by credit card with the booking confirmation. After African Bikers has confirmed the payment method, the amount paid via the credit card account is considered provisionally paid until it is determined that it will not be charged back in whole or in part. If a chargeback occurs for reasons for which the customer is responsible and the customer defaults, African Bikers can invoice the customer for any damage actually incurred as a result of the delay. If payment is made by credit card, down payments and remaining payments on the trip price will be collected according to the due dates and after the customer has received the security certificate.

3. Travel formalities, passport and visa requirements, customer responsibility

3.1 African Bikers informs the customer about general passport and visa requirements of the destination country, including the approximate time limits for obtaining visas and health formalities (e.g. vaccinations and certificates required by the police) required for the trip and stay.

3.2 The customer is responsible for obtaining and carrying the necessary travel documents and must ensure that his or her passport or identity card is valid for the trip. If the customer has commissioned African Bikers to apply for official documents/a visa on his or her behalf, African Bikers is not liable for the timely issuance and receipt of the necessary visas by the respective diplomatic representation, unless African Bikers has violated its own obligations and is itself responsible for the delay. Fees charged by the consular services for processing visa applications must be borne by the customer.

4.Services

The type and scope of the contractually owed service are determined from the program and service description in the brochure for the relevant trip in conjunction with the individual booking confirmation for the customer.

5. Price and service changes after conclusion of contract, significant contract changes, customer rights

5.1 African Bikers reserves the right to subsequently increase the travel price unilaterally if the increase in the travel price results directly from an increase in the price for the transport of persons due to higher costs for fuel or other energy sources that occurred after the conclusion of the contract and was not foreseeable at the time of conclusion of the contract,
b) an increase in taxes and other charges for agreed travel services, such as tourist taxes, port or airport fees, or c) a change in the exchange rates applicable to the package tour in question. In the cases mentioned, the travel price will be changed to the extent that the increase in the price factors mentioned in a) to c) per person affects the travel price. If this is the case, African Bikers will immediately inform the customer clearly and comprehensibly on a permanent data medium (e.g. by email) about the price increase and its reasons and will provide information about how the price increase was calculated. A price increase is only effective if it meets the requirements mentioned in this paragraph and the customer is informed no later than 20 days before the start of the trip. A price increase that is requested from the 20th day before the agreed departure date is ineffective. In this context, the tour operator's obligation to reduce prices in accordance with 5.2 is expressly referred to.

5.2 Since the contract under 5.1 provides for the possibility of an increase in the travel price, the customer can request a reduction in the travel price if and to the extent that the prices, taxes or exchange rates specified in 5.1 under a) to c) have changed after the contract was concluded and before the start of the trip and this leads to lower costs for the tour operator. If the customer has paid more than the amount owed here, the excess amount must be reimbursed by the tour operator. African Bikers may deduct the administrative costs actually incurred from the excess amount to be reimbursed. It must provide the customer with evidence of the amount of administrative expenses incurred upon request.

5.3 African Bikers reserves the right to unilaterally change contractual conditions other than the travel price after the contract has been concluded if the changes are insignificant, do not affect the overall structure of the booked trip and are not brought about in bad faith. African Bikers must inform the customer of the change in a clear, understandable and prominent manner on a permanent data medium (e.g. by email). The change is only effective if it meets these requirements and is declared before the start of the trip.

5.4 Significant changes to the contract: If the price increase reserved in 5.1 exceeds 8%, African Bikers cannot make it unilaterally. It can offer the customer a corresponding price increase and demand that he (1) accepts the offer to increase the price or (2) declares his withdrawal from the contract within a period determined by African Bikers, which must be reasonable. The offer to increase the price cannot be made later than 20 days before the start of the trip. If, due to a circumstance that occurred after the conclusion of the contract, the organizer can only provide the trip by significantly changing one of the essential characteristics of the travel services (Art. 250 No. 1 EGBGB) or only by deviating from special specifications of the customer that have become part of the contract, sentence 2 of this section 5.4 applies accordingly, i.e. African Bikers can offer the customer the corresponding other contract change and demand that the customer (1) accepts the offer to change the service or (2) declares his withdrawal from the contract within a period determined by African Bikers, which must be reasonable. The offer for such other contract changes cannot be made after the start of the trip.

5.5 In its offer for a price increase or other contract change according to 5.4, the organizer can also offer the customer the option of participating in another package tour (replacement tour), about which the organizer must inform the customer in accordance with Art. 250 § 10 EGBGB.

5.6 After the expiry of a period determined by the Organizer in accordance with 5.4, the offer for a price increase or other contract change shall be deemed to have been accepted.

5.7 If the customer withdraws from the contract in accordance with 5.4, Section 651h Paragraph 1 Sentence 2 and Paragraph 5 of the German Civil Code (BGB) apply accordingly; the traveler's claims under Section 651i Paragraph 2 No. 7 of the German Civil Code (BGB) remain unaffected. If the customer accepts the offer to change the contract or to take part in a replacement trip and the trip is not of at least the same quality as the trip originally agreed, Section 651m of the German Civil Code (BGB) applies accordingly; if it is of the same quality but involves lower costs for the organizer, Section 651m Paragraph 2 of the German Civil Code (BGB) applies accordingly with regard to the difference.

6. Cancellation by the customer before the start of the trip, cancellation compensation, transfer of the customer's contract to a third party

6.1 The customer can withdraw from the travel contract at any time before the start of the trip. If he withdraws from the trip, African Bikers loses the right to the agreed travel price, but can demand appropriate compensation from the customer. The tour operator can calculate flat-rate compensation through pre-formulated contract terms, which are based on the period between the declaration of withdrawal and the start of the trip, the expected savings of expenses of the tour operator and the expected acquisition through other use of the travel services. African Bikers can demand a flat-rate compensation as a percentage of the travel price depending on the time of withdrawal by the customer, as follows: Individual booking on group trips (catalogue trips),

Individual travel:
Cancellation up to 31 days before departure: 20% of the travel price

From 30 to 22 days before departure: 30 % of the travel price

From 21 to 14 days before departure: 40 % of the travel price

From 13 to 8 days before departure: 50 % of the travel price

From 7 days before departure: 90 % of the travel price

For individually booked special trips, the cancellation conditions of the booked service providers apply. The customer is always free to prove that African Bikers has suffered no damage at all or only a significantly lower amount than the flat rate charged.

6.2 Notwithstanding 6.1, the organizer cannot demand compensation if unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity that significantly affect the execution of the trip or the transport of persons to the destination. Circumstances are unavoidable and extraordinary if they are beyond the control of the party invoking them and their consequences could not have been avoided even if all reasonable precautions had been taken.

6.3 If the customer is unable to start the trip, he can declare on a permanent data medium (e.g. by email) within a reasonable period of time before the start of the trip that a third party will assume the rights and obligations arising from the travel contract in his place. The declaration is in any case timely if it is received by African Bikers no later than seven days before the start of the trip. African Bikers can object to the third party joining if this third party does not meet the contractual travel requirements. If a third party joins the contract, he and the customer are jointly and severally liable to African Bikers for the travel price and the additional costs incurred by the third party joining. African Bikers can only demand reimbursement of additional costs if and to the extent that these are reasonable and actually incurred by African Bikers. African Bikers must provide the customer with proof of the amount of additional costs incurred by the third party joining.

7. Cancellation by the tour operator if the minimum number of participants is not reached and due to unavoidable, exceptional circumstances

7.1 African Bikers may withdraw from the contract up to 21 days before the start of the trip if the minimum number of participants specified in the contract is not reached, if it has expressly stated and quantified the minimum number of participants in the brochure and has specified the time by which the notice of withdrawal must have been received by the customer at the latest before the contractually agreed start of the trip, and has clearly indicated these two pieces of information in the booking confirmation.
7.2 African Bikers is entitled to withdraw from the contract before the start of the trip if African Bikers is prevented from fulfilling the contract due to unavoidable, extraordinary circumstances (see definition in 6.2). In this case, African Bikers must declare its withdrawal immediately after becoming aware of the reason for withdrawal.

7.3 If African Bikers withdraws according to 7.1 or 7.2, it loses the right to the agreed travel price. Payments made towards the travel price will be refunded to the customer immediately, and in any case within 14 days of the withdrawal by African Bikers.

8. Obligations of the customer, remedy, setting of a deadline before termination by the customer

8.1 The customer must immediately report any defects to the local tour guide or to African Bikers and request a remedy within a reasonable period of time. If African Bikers was unable to remedy the situation due to a culpable failure to report in accordance with sentence 1, the customer is not entitled to assert the rights specified in Section 651m of the German Civil Code (BGB) or to demand compensation in accordance with Section 651n of the German Civil Code (BGB).

8.2 If the customer requests a remedy, African Bikers must remedy the travel defect. African Bikers can only refuse to remedy the defect if it is impossible or if it involves disproportionate costs, taking into account the extent of the travel defect and the value of the travel service concerned.

8.3 If African Bikers can refuse to remedy the defect according to 8.2 and the travel defect affects a significant part of the travel services, African Bikers must offer remedy by means of appropriate replacement services. If these replacement services result in the trip not being of at least equivalent quality to the original one owed, the organizer must offer the customer an appropriate reduction in the price.

travel price; the appropriateness is determined by Section 651m Paragraph 1 Sentence 2 of the German Civil Code (BGB). If the replacement services are not comparable with the services agreed in the contract or if the reduction in the travel price offered by the organizer is not appropriate, the customer can refuse the replacement services. In this case or if the organizer is unable to offer replacement services, Section 651l Paragraphs 2 and 3 of the German Civil Code (BGB) applies with the proviso that termination by the customer is not relevant.

8.4 If the transport of the customer to the place of departure or to another location agreed upon by the parties (return transport) is included in the contract and is not possible due to unavoidable, exceptional circumstances, African Bikers must bear the costs of the necessary accommodation of the customer for a maximum period of three nights, if possible in accommodation that is equivalent to that agreed in the contract. African Bikers cannot invoke this limitation of three nights if (1) the service provider has to offer the customer accommodation for a longer period of time or has to bear the costs for this under directly applicable EU regulations, or (2) the customer is a person with reduced mobility within the meaning of the Art. 2 a) of Regulation (EC) No 1107/2006, is a pregnant woman, an unaccompanied minor or a person requiring special medical attention, and African Bikers has been informed of the customer's special needs at least 48 hours before the start of the trip.

8.5 If a trip is significantly impaired by a defect, the customer can terminate the contract. Termination is only permissible if African Bikers has allowed a reasonable period of time specified by the customer to pass without remedying the problem. The only time limit does not need to be specified if African Bikers refuses to remedy the problem or if immediate remedy is necessary. If the contract is terminated, African Bikers is entitled to the agreed travel price for the travel services provided and those still to be provided to complete the trip; the traveler's claims under Section 651i Paragraph 3 Nos. 6 and 7 of the German Civil Code remain unaffected. With regard to travel services that are no longer to be provided, African Bikers is no longer entitled to the agreed travel price; any payments already made must be refunded to the customer. African Bikers is obliged to take the measures necessary as a result of the cancellation of the contract, in particular, if the contract included the transport of the customer, to arrange for his return transport immediately; the means of transport used for this purpose must be equivalent to that agreed in the contract. The additional costs for the return journey shall be borne by the organiser.
8.6 If defects occur, the customer is obliged to cooperate within the framework of the statutory duty to mitigate damages in order to avoid or minimize damages.

9. Limitation of Liability

9.1 African Bikers' contractual liability for damages that are not physical injuries and are not caused negligently is limited to three times the travel price per trip and customer. For all claims for damages against African Bikers arising from tort for damages that are not physical injuries and are not caused negligently, the organizer's liability is also limited to three times the travel price per trip and customer. The above liability limitations do not apply to claims under the Montreal Convention for the loss of luggage.

9.2 International maritime transport is subject to the Athens Convention (AT), which came into force on April 23, 2014, and Regulation (EC) No. 392/2009. The carrier's liability for all claims for damages in the event of shipping incidents in the event of death or personal injury to passengers, as well as loss or damage to luggage and excesses (amounts to be deducted in the event of loss or damage) is always limited to the liability limitations of the AT in its currently valid version and associated protocols (currently the provisions of Art. 3, Art. 5, Art. 7 and Art. 8 AT). The deduction permitted under Art. 8 Paragraph 4 AT applies. Contributory negligence on the part of the passenger must always be taken into account (Art. 6 AT). The carrier is not liable for the loss of or damage to money, negotiable securities or other valuables such as gold, silver, jewels, jewelry, works of art, electronics or other valuables, unless these were handed over to the carrier for safekeeping (in this case liability is limited according to Art. 8 para. 3 AÜ). The customer must ensure that such items are kept safely in his hand luggage.

10. Information requirements regarding the identity of the operating air carrier
African Bikers undertakes to inform the customer of the identity of the operating airline for all air transport services to be provided as part of the booked trip when booking - in accordance with the EU regulation on informing passengers of the identity of the operating air carrier. If the operating airline(s) has/have not yet been determined at the time of booking, African Bikers is obliged to inform the customer of the airline(s) that will probably operate the flight and to ensure that the customer is informed of the identity as soon as it is determined. The same applies if the operating airline changes. African Bikers must inform the customer of the change and immediately take all appropriate steps to ensure that the customer is informed of the change as soon as possible. The blacklist of airlines can be found on the website http:ec.europa.eu/transport/modes/air/safety/air-ban/doc/list_de.pdf.

11. Application of German law, place of jurisdiction, data protection, final provisions

11.1 The entire contractual and legal relationship between the customer and African Bikers is subject exclusively to German law. If the customer is a merchant or a legal entity under private or public law or a person who has their place of residence or habitual abode abroad, or whose place of residence or habitual abode is not known at the time the action is brought, the place of jurisdiction is agreed to be the registered office of African Bikers.

11.2 The personal data that the customer makes available to African Bikers will be processed and used electronically to the extent that it is necessary for the establishment, implementation or termination of the contract with the customer and for customer service. African Bikers complies with the provisions of the Federal Data Protection Act when collecting, processing and using personal data. The customer can access his stored data at any time, request information about it and have it changed or deleted. The customer can object to the use or processing of his data for the purposes of advertising, market research or opinion research by sending a message to info@africanbikers.de. Customer data will not be passed on to unauthorized third parties.

11.3 The invalidity of individual provisions of these Terms and Conditions shall not affect the validity of the remaining provisions.

11.4 The European Commission provides a platform for online dispute resolution (OS) for the out-of-court settlement of consumer disputes, which the consumer can find at http://ec.europa.eu/consumers/odr. The organizer does not participate in dispute resolution proceedings before a consumer arbitration board and is not obliged to participate in such proceedings. There is no internal complaints procedure.

Tour operator: African Bikers GmbH, Königsbacher Str. 34, D-76327 Pfinztal, Managing Director Jens Deister Tel.: +49 (0) 6221-6478155, Fax: +49 (0)6221-6536371, e-mail: info(at)africanbikers.com, www.africanbikers.com, VAT ID: DE-319111507, essential features of the service: travel organization, tour operator liability insurance: R+V Allgemeine Versicherung AG, Raiffeisenplatz 1, 65189 Wiesbaden. Its scope: worldwide. German law applies to the travel contract (see 13.1 above, ARB below: 11.1).