General Terms and Conditions DAN MAGICAL TOURS LTD, Kenya – as of February 05.02.2024th, XNUMX

1. Conclusion of the travel contract

These terms and conditions apply exclusively to the entire business relationship between the customer and DAN MAGICAL TOURS LTD (hereinafter referred to as DAN). By registering, the customer offers DAN a binding offer to conclude a travel contract based on the travel advertisement. Registration can be made in writing, verbally, by telephone or electronically (by email). The travel contract is concluded upon acceptance of the registration by DAN, for which no special form is required. DAN informs you about the conclusion of the contract with the written booking confirmation. If the content of the travel confirmation differs from the content of the registration, DAN is bound to this new offer for 10 days. The travel contract is concluded on the basis of this new offer if the travel customer accepts the new offer within this period, which can also be done by making a payment, and the travel contract is concluded on the basis of this new offer.

2. pay

A deposit of 20% is due upon conclusion of the contract. The remaining payment will be made up to 4 weeks before the start of the trip, unless otherwise agreed. If the customer defaults on payment of the travel price partially or completely, DAN is entitled, after issuing a reminder and setting a deadline, to withdraw from the contract and demand compensation in accordance with number 5.1.

3. Services

Which services are contractually agreed can be found in the travel confirmation. Deviating services, e.g. from other service provider brochures, as well as special requests that change the scope of the provided services, are only binding if they are expressly confirmed by DAN. Individual third-party services from other companies that are not part of a package trip and that are expressly arranged in the third party's name, such as flights only, rental cars, excursions and other events, are not DAN's own services.

4. Service and Price Changes

4.1 Changes or deviations of individual travel services from the agreed content of the travel contract, which become necessary after conclusion of the contract and which were not brought about by DAN 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 . Any warranty claims remain unaffected if the changed services have defects. DAN undertakes to inform the customer immediately of any changes or deviations in services. In the event of a subsequent, significant change to an essential travel service, the customer is entitled to withdraw from the travel contract or to demand participation in an equivalent trip if DAN can offer such a trip from its offer at no additional charge. If necessary, the customer will be offered a free rebooking.

4.2 If the fees for park entrances that apply when the travel contract is concluded change, or if new fees arise at the time of the trip, the pro-rata amount must be offset by the customer before the start of the trip or, if the fees are reduced, paid by DAN to the customer.

5. Cancellation by the customer, rebooking, replacement persons

5.1 The customer can withdraw from the trip at any time before the start of the trip. The decisive factor is the receipt of the declaration of withdrawal by DAN. The customer is recommended to declare the cancellation in writing. If the customer withdraws from the travel contract or does not start the trip, DAN can demand compensation for the travel arrangements made and for its expenses. The decisive factor for calculating the replacement is the travel price less the saved expenses and any other uses of the travel services. DAN can also flat-rate this claim, taking into account the expenses usually saved as well as the usually possible acquisition through any other use of the travel services, in accordance with the following structure based on the proximity of the time of withdrawal to the contractually agreed start of the trip in a percentage ratio of the travel price. In any case, customers are free to provide proof that DAN incurred no or lower costs in connection with the withdrawal. The cancellation costs for safaris and lodges are as follows: 

• up to 30 days before departure 20% of the total price
• up to 22 days before departure 30% of the total price
• up to 15 days before departure 60% of the total price
• up to 8 days before departure 70% of the total price
• up to 4 days before departure 80% of the total price
• From the 3rd day before the start of the trip or if the trip does not start, 90% of the total price is required as compensation.

5.2 Until the start of the trip (taking into account the period of time required for the organization), the traveler can request that a third party take over the rights and obligations from the travel contract instead of himself. DAN can object to the third party's entry if they do not meet the special travel requirements or if their participation is contrary to legal regulations or official orders. If a third person enters into the contract, this person and the traveler (registrant) are jointly and severally liable to DAN for the travel price and the additional costs arising from the third party's entry.

6. Travel insurance

The travel participant can insure himself against the cancellation costs (cancellation compensation) mentioned in section 5.1 through travel cancellation insurance. DAN MAGICAL TOURS LTD strongly recommends taking out such insurance.

7. Unused services

If the traveler does not use individual travel services due to an early return journey or for other reasons, DAN will seek reimbursement from the service providers for the saved expenses. This obligation does not apply if the services are completely insignificant or if reimbursement cannot be made.

8. Withdrawal and termination by DAN

DAN can withdraw from the travel contract before the start of the trip or terminate the travel contract after the start of the trip in the following cases: a) Without observing a deadline If the traveler persistently disrupts the implementation of the trip regardless of a warning or if he behaves contrary to the contract to such an extent that immediate cancellation of the contract is justified. If the tour operator therefore terminates the contract, he retains the right to the travel price, but he must be credited with the value of the saved expenses as well as the advantages that he obtains from another use of the service not used.

9. Cancellation of the contract due to exceptional circumstances

If the trip is made significantly more difficult, endangered or impaired as a result of force majeure that was not foreseeable at the time the contract was concluded, both DAN and the traveler can terminate the contract. If the contract is terminated, DAN can demand appropriate compensation for the travel services that have already been provided or that still need to be provided at the end of the trip. Furthermore, DAN is obliged to take the necessary measures, especially if the contract includes return transport, to transport the traveler back. The additional costs for the return transport must be borne equally by both parties. Furthermore, the additional costs are borne by the travelers.

10. Liability of the tour operator

10.1 DAN is liable within the scope of the duty of care of a prudent businessman for: (1) The conscientious travel preparation (2) the careful selection and monitoring of service providers (3) the accuracy of all travel services confirmed in writing (4) the proper provision of the agreed travel services. 10.2 DAN is liable in accordance with No. 11 for the negligence of the persons entrusted with the provision of the service.

11. Warranty

a) Remedy

If the trip is not provided in accordance with the contract, the traveler can request redress. DAN may refuse to provide remedy if it requires disproportionate effort. DAN can also remedy the situation by providing an equivalent replacement service.

b) Reduction in the travel price

For the duration of the trip not being provided in accordance with the contract, the traveler can request a corresponding reduction in the travel price (reduction). The travel price is to be reduced in the ratio in which the value of the trip in a defect-free condition would have stood at the time of sale to the actual value. The reduction does not apply if the traveler culpably fails to report the defect.

c) Termination of the contract

If a trip is significantly impaired as a result of a defect and DAN does not provide remedial action within a reasonable period of time, the traveler can terminate the travel contract within the framework of the legal provisions - in his own interest and for reasons of preserving evidence, expediently by means of a written declaration. The same applies if the traveler cannot be expected to travel due to a defect for an important reason that can be identified by DAN. There is only no need to set a deadline for remedy if remedy is impossible or is refused by DAN or if the immediate termination of the contract is justified by a special interest of the traveler. The traveler owes DAN the pro rata travel price for the services used, unless the services used were of no interest to him.

d) Compensation for damages

Without prejudice to the reduction or termination, the traveler can demand compensation for non-performance, unless the defect in the trip is due to a circumstance for which DAN is not responsible.

12. Limitation of liability

12.1 DAN's contractual liability for damages that are not physical injuries is limited to three times the travel price, a) if the traveler's damage was not caused intentionally or through gross negligence or b) if DAN is responsible for any damage suffered by the traveler solely due to fault of a service provider is responsible.

12.2 For claims for damages by the customer against DAN arising from unlawful acts that are not based on intent or gross negligence, DAN's liability for property damage is limited to three times the travel price per customer and trip. In this context, the customer is recommended to take out travel accident and luggage insurance in his own interest. 11.d) remains unaffected, even if liability there exceeds the above limitation. 

12.3 A claim for damages against DAN is limited or excluded to the extent that due to international conventions or legal regulations based on them that apply to the services to be provided by the service provider, a claim for damages against the service provider can only be asserted under certain conditions or restrictions or is excluded under certain conditions. 

12.4 DAN is only liable as an agent for third-party services from other companies that are not part of a package tour and that are expressly arranged in the third party's name (such as flights only, rental cars, excursions, sporting and cultural events, etc.). Liability for brokerage errors is limited in accordance with the principles stated under 11.a to 11.d above.

12.5 DAN is not liable for disruptions in performance due to force majeure, as well as aggravation, endangerment or impairment of a significant nature due to unforeseeable circumstances, such as war or war-like events, hostilities, uprising or civil war, arrest, confiscation or obstruction by state authorities or other persons, road blockades, quarantine measures , as well as strikes, lockouts or work stoppages for which we are not responsible.

13. Duty to Cooperate

If service disruptions occur, the traveler is obliged to cooperate within the scope of the statutory provisions and to avoid or minimize any damage. In particular, the traveler is obliged to immediately report his complaints to the local tour guide. This is responsible for remedial action, if possible. If there is no local tour guide, notifications of defects and requests for remedial action must be sent to the tour operator at his headquarters. If the traveler culpably fails to report a defect, there will be no claim for a reduction or compensation.

14. Exclusion of claims and statute of limitations

The traveler must make claims due to non-contractual provision of the trip to DAN within one month of the contractually agreed end of the trip. After the deadline has expired, the traveler can assert claims if he was prevented from complying with the deadline through no fault of his own. Deviating from this, lost baggage must be reported within 7 days and baggage delays within 21 days of being handed over. The traveler's contractual claims expire after 12 months. The limitation period begins on the day on which the trip was supposed to end according to the contract. If the traveler has asserted such claims, the statute of limitations is suspended until the day on which DAN rejects the claims in writing. Claims arising from unlawful acts are subject to the statutory limitation period.

15. Passport, visa and health regulations

DAN is responsible for informing nationals of the country in which the trip is offered about the provisions of passport, visa and health regulations as well as any changes to these before the start of the trip. For citizens of other countries, the responsible consulate can provide information. DAN is not liable for the timely issuance and receipt of necessary visas by the respective diplomatic mission, even if the traveler has instructed DAN, unless DAN is responsible for the delay. The traveler is responsible for complying with all regulations important for carrying out the trip. All disadvantages, in particular the payment of cancellation costs, that arise from non-compliance with these regulations are at his expense, unless they are caused by the tour operator culpably providing incorrect or non-information.

16. Invalidity of Individual Provisions

The ineffectiveness of individual provisions of the travel contract does not result in the ineffectiveness of the entire contract.

17. Applicable Law and Jurisdiction

Contractual and legal relationships between DAN and the traveler are governed by Kenyan law. The traveler can only sue DAN at its registered office. The traveler's place of residence is decisive for legal actions brought by the tour operator against the traveler, unless the action is directed against registered traders or persons who have moved their place of residence or usual place of abode abroad after conclusion of the contract, or whose place of residence or usual place of abode at the time is not known when the lawsuit is filed. In these cases, DAN's registered office is decisive.

18. organizer

DAN MAGICAL TOURS LTD
PO Box 5490, DIANI BEACH.
Kenya, February 2024