The travel contract is governed by German Law.
1.1. Through booking, the customer makes a binding offer of an intermediary travel contract to the travel agent. The booking may be made verbally or in writing. The booking is valid for the guest himself and all other participants listed. The guest shall be held responsible for contract fulfillment of the other participants as well as his own duties and responsibilities arising from the contract, if he has agreed to this in a separate and explicit declaration. The booking is binding for the guest, starting 20 days after the booking was made until the beginning of services rendered by the travel agent. The travel contract is concluded through confirmation by the travel agent. Should the content of this confirmation differ from the booking, the confirmation shall be regarded as a new offer, which binds the travel agent for 10 days. The contract shall be concluded on the basis of the new offer, if the customer declares his acceptance within the designated period.
1.2. Personal data collected from the tour participants for purposes related to the tour shall only be used for conducting the tour and guest services.
2.1. The deposit and full payment are only to be made in exchange for a security note. Indonesia Trekking will provide a security note with the booking confirmation. With this, a payment amounting to 50% of the tour price. The rest of the sum is to be paid within 28 days before the start of the tour without further notice. In the event the booking is made within 4 weeks before the departure date, full payment becomes due upon receipt of the security note. The travel documents will be supplied to the tour participant after the payment is made, at the latest 7 days before the start of the tour.
2.2. If full payment is not made within the specified time frame, the customer shall have no claim to travel organized through Indonesia Trekking. Indonesia Trekking also retains the right to irrevocably refuse travel agency and has a claim to compensation from the tour participant for non-fulfillment of the travel contract, if payment is delayed. In case of delayed payment the agent needs to issue a written reminder, in which he allows for an appropriate time period for back payment.
2.3. Cancellation fees, processing costs and fees for any changes in the booking as well as insurance rates are to be paid immediately.
3. Services rendered by the agent
The extent of services arising out of the contract is determined by the description of services in the tender as well as by the corresponding detailing set out in the booking confirmation. Incidental provisions (e.g. changes, additions), which change the extent of contractual services, must be expressly confirmed (in writing) by the agent.
4.Change of services and fees
4.1. Changes to specific tour services deviating from the content of the travel contract are only permitted insofar as they are not substantial and do not affect the overall concept of the booked tour. Flight times are as specified on the flight ticket and approved by the German Federal Ministry of Transport. Due to the possibility of momentary overload of international air space, isolated delays cannot be precluded. Travellers, who have booked individually-agreed extensions with Indonesia Trekking, must reconfirm the respective flights independently with the according airline.
4.2. Indonesia Trekking reserves the right to change the price of the tour, should unforeseen events arise upon conclusion of the contract. Indonesia Trekking bears no responsibility for any changes in the following pricing components: Foreign exchange rates as well as bureaucratic fees, such as airport taxes. Indonesia Trekking will only alter the price to the extent to which transportation costs – including fuel prices or taxes for specific services per person or per seat – influence the travel costs, if more than four months have elapsed between receiving the booking confirmation and the planned leaving date. The agency shall inform the customer of any (intentional) lawful increases in price by the 21st day before the planned leaving date.
5. Cancellation by the customer, changes, substitution (for participant)
5.1. The customer may cancel the tour at any time before the planned leaving date. Cancellations only become valid upon receipt of the declaration by Indonesia Trekking. Written cancellation is recommended for evidential purposes. If the guest cancels the booking or does not participate in the tour, Indonesia Trekking has a claim to compensation for appropriate reimbursement for any tour preparations and expenses.
Cancellation costs shall also be paid, if the customer fails to arrive at the departure airport at the time specified on the travel documents or if he arrives without the necessary travel documents (e.g. passport).
5.2. In case of withdrawal from the contract, the following flat costs will arise per person as cancellation costs, calculated as a percentage of the total price.
Until the 30th day before the planned departure date: 40%.
From the 29th until the 15th day before the planned departure date: 50%.
From the 14th day before the planned departure date: 75%.
In case of failure to participate in the tour without previous written cancellation or annulment after the tour has started: 100%.
For long distance flights booked by Indonesia Trekking, the terms and conditions of the respective airlines for cancellation apply.
5.3. Changes to tour dates, destination or method of transportation are only possible through withdrawal from the contract, according to the conditions listed in 5.1, and after making a new booking; which is in turn dependent upon availability. In case of small changes, Indonesia Trekking charges a processing fee of EUR 50, – per processing.
5.4. Changes in the person of the tour participant: In case of withdrawal, the withdrawing customer can name a substitute (person) up until the planned departure date. This is conditional on the substitute (person) being suitable to the requirements of the tour and no other circumstances against his participation arise. The withdrawing customer and the new tour participant are liable together as joint debtor to Indonesia Trekking up to the total price of the tour. The additional costs which arise out of the change in person are borne by the customer, with a minimum charge of EUR 50, – processing fees.
6. Withdrawal and cancellation by Indonesia Trekking
Indonesia Trekking can withdraw from the travel contract with immediate effect.
6.1. Before the planned departure date:
If the minimum number of participants, as proscribed in the tender, is not reached (Indonesia Trekking reserves the right to conduct the tour even if the minimum number of participants is not reached).
If the costs of conducting the tour amount to more than the acceptable economic loss.
If changes in the services rendered would amount to an unreasonable price increase for the customer or such that the planned (travel) itinerary cannot be guaranteed.
If the customer does not deliver payment in due form.
Cancellation is to be made in writing, at least 10 days before the planned departure date. The customer has a claim to a refund of all payments already made. There are no additional claims. In case of payment delays, the conditions of the cancellation fees in 5.1 apply.
6.2. Withdrawal from the travel contract by the travel agent can be made with immediate effect during or after the tour with good reason. Important reasons include: If the tour participant does not fulfill the previously specified requirements for participation or if the tour participant disturbs the course of travel as a result of his behaviour and does not cease to do so after a warning.
7. Cancellation of the travel contract due to unforeseen circumstances.
In the case force majeure renders the tour substantially more difficult, which could not have been foreseen at the time of contract conclusion, the travel agent, tour operator, as well as the customer may unilaterally cancel the contract under this provision. In the case of cancellation, the travel agent may claim compensation for services already rendered (alternatively for services necessary to end the tour).
Indonesia Trekking recommends purchasing an insurance package including a travel health insurance and travel cancellation insurance, as well as luggage insurance. At least travel cancellation insurance is recommended to avoid paying the compensation listed in 5.1 in the case of cancellation, minus percentage excess.
9. Liability of the travel agent
9.1. Within due diligence, Indonesia Trekking is responsible for the conscientious preparation of a travel itinerary, the accuracy of the service description.
9.2. The transportation provided within the tour, or the transportation with scheduled services, for which the customer is issued a ticket, as well as the specific execution of the travel service at the destination, is rendered as a third-party service. Indonesia Trekking is thus not responsible for the delivery of transportation services/the execution of the travel service itself. In this case, a possible liability is regulated by the transportation service provisions of those companies, alternately by the terms and conditions of the tour operator. The customer participates in ventures with special risk, such as trekking tours, boat trips or optional excursions at his own risk.
9.3. Limitation of liability: In case of damages, which the travel agent did not deliberately or grossly negligently bring about or for which the travel agent is liable due to a fault by the service provider, liability for damages, which are not physical, is limited to three times the tour price. Indonesia Trekking is not liable for services, which were merely provided as third-party services.
9.4. Short-notice delays due to peculiarities typical to the country of destination are no reason for a reduction of the tour price.
9.5. The liability for the described travel itinerary lies solely with the tour operator in Indonesia.
10. Obligation to cooperate
In case any defaults should occur, the tour participant shall contribute to avoiding possible damages or keeping these to a minimum within the provisions of the legal system. In particular, the tour participant shall notify the local tour operator of any complaints without delay. The tour operator is charged with providing relief, if possible. Should the participant culpably omit to report the fault, he does not have a claim to reduction of the price.
11. Exclusion of Liability
Any claims the participant may have as a result of a failure to provide the services as specified in the travel contract shall be solely directed towards the tour operator.
12. Passport, Visa, Customs, Exchange and Health Regulations
Indonesia Trekking is not liable for the timely issue of required visas by the respective diplomatic mission, even if the costumer entrusted Indonesia Trekking with the procurement of such, unless the delay was caused by Indonesia Trekking. Indonesia Trekking is responsible for notifying German citizens of regulations concerning passport, visa and health before the start of the tour. The tour participant is responsible for compliance with all regulations concerning the tour. Any disadvantages precipitated by non-compliance, in particular payment of cancellation fees, shall be at the expense of the customer. Indonesia Trekking is not liable for expenses arising from the fault of the customer in omitting to notify them of non-German nationality.
13. Voluntary declaration of commitment
The tour participant shall inform himself in due time about infections, protection and vaccinations, as well as other prophylactic measures, and where applicable, the customer shall consult a doctor about thrombosis and other health risks. We refer to general information, in particular, of the public health authorities, doctors with travel medicine experience, tropical medicine experts, travel medicine information services or the federal center for health education.
The recipient shall review the received travel documents for accuracy (name, travel dates, destination, etc.) and notify Indonesia Trekking of any mistakes. The invalidity of individual provisions in the travel contract does not result in the invalidity of the overall travel contract.
15. Place of Jurisdiction
The tour participant may only sue Indonesia Trekking at its registered seat. With legal action by Indonesia Trekking against the tour participant his place of residency determines the appropriate court, unless the lawsuit is directed against registered traders or persons without a general place of jurisdiction, or against persons who transferred their usual place of residence abroad after conclusion of the contract, or whose usual place of residence is unknown at the time of filing the claim. In these cases the seat of the travel agent determines the appropriate court.
44867 Bochum, Germany
Telefon: +49 (0) 234 971 09955
Ust-IdNr.: 43 150 678 827
Tax number: 350/5168/1682
Place of Jurisdiction: Bochum, Germany
Date: January 2019