These General Terms and Conditions of Vacation are based on travel law and comply with the recommendations of the German Travel Agency and Tour Operator Association. They regulate the legal relationship between you as a customer and Elke de Luca.
1. REGISTRATION AND CONFIRMATION
With the registration, which can be made in writing, orally or by telephone, the customer offers Elke de Luca the conclusion of a binding vacation contract. The contract is concluded with the acceptance by Elke de Luca, which does not require a specific form.
In the case of a registration for several participants, the applicant is liable for their contractual obligations as for his own, unless he has expressly and separately declared this. The customer agrees to the storage of his data.
2. PAYMENT
With the conclusion of the contract a deposit of 25% of the holiday/retreat price per participant has to be paid. The balance is due 30 days before the start of the vacation/retreat. If the due holiday/retreat price is not paid in full by the contractually agreed holiday/retreat start date, Elke de Luca will be released from the service and can demand the corresponding cancellation costs from the client, if the client did not have a right to refuse payment.
3. SERVICES
The scope of the contractually agreed services of the vacations advertised on the Internet at http://www.naturemoves.life results from the service description, as well as the information in the vacation confirmation. However, Elke de Luca expressly reserves the right to change the program details before the conclusion of the contract for factually justified, significant and unforeseeable reasons, about which the customer will of course be informed before and after booking.
4. CHANGE OF SERVICES
Changes and deviations of insignificant vacation services from the agreed contents of the contract, which become necessary after the conclusion of the contract and were not brought about by Elke de Luca against good faith are permitted, provided that the overall character of the booked vacation is not impaired. Elke de Luca expressly reserves the right to make changes to the route or schedule of the itinerary, which cannot be completely ruled out due to the special nature of adventure and hiking vacations. Deviations from the planned vacation itinerary may be caused by force majeure such as weather conditions, changes in road conditions, fuel and supply problems, safety considerations and arbitrary acts of authorities.
Due to country-specific circumstances or flight delays, there may be changes in the vacation itinerary. In such cases, Elke de Luca will endeavor to provide a replacement for any lost program points during the vacation in the form of additional services.
5. WITHDRAWAL OR CANCELLATION BY THE CUSTOMER
The customer can withdraw from the vacation contract at any time before the start of the vacation. Decisive is the receipt of the written notice of withdrawal at Elke de Luca. If the customer withdraws from the vacation contract or does not take the vacation without withdrawing from the vacation contract, Elke de Luca can demand reasonable compensation from the customer. Elke de Luca is entitled to compensation regardless of the reasons that led the customer to withdraw. Elke de Luca may, at its discretion, calculate this claim in concrete terms or, taking into account the following breakdown, make a lump sum according to the proximity of the time of withdrawal to the contractually agreed start of the vacation in a percentage ratio to the vacation price. The following flat-rate cancellation fees apply per person: 25% cancellation fee up to 42 days before the start of the vacation, 40% cancellation fee from 41 days before the start of the vacation, 50% cancellation fee from 21 days before the start of the vacation and 60% cancellation fee from 14 days before the start of the vacation. Instead of withdrawing, the customer can provide a substitute person. Elke de Luca reserves the right to refuse this person, if he does not meet the special requirements of the vacation or his inclusion is not possible for organizational reasons or his participation is contrary to legal regulations or official orders. The original and the new participant are jointly and severally liable for any additional costs arising from the change in the person of the participant. If the customer can not start the retreat on the day of arrival due to his own fault or if incomplete or invalid travel documents hinder his arrival, Elke de Luca basically keeps the claim to the vacation price, but has to take into account the value of the saved expenses.
If the customer for compelling reasons during the vacation individual services do not take or the vacation prematurely terminate, so there is no right of the customer to a pro rata refund. However, Elke de Luca will reimburse the customer for saved expenses as soon as and insofar as they have actually been reimbursed to Elke de Luca by the individual service providers. If the customer breaks off the vacation prematurely, he is responsible for his onward or return journey.
6. SPECIAL COSTS
All special costs incurred as a result of or in connection with changes in the planned itinerary of the vacation due to reasons within the person of the customer during the vacation shall be borne by the customer and shall be paid immediately to the respective claimant when incurred. These special costs include, for example, expenses arising from the delayed arrival of the customer to the prepared desert tour or costs for an early return from a trek as a result of indisposition, illness or accident (e.g. helicopter return transport, hospital and hotel stays also for accompanying persons). If Elke de Luca steps in advance to meet an acute emergency, the amounts spent by Elke de Luca are to be refunded immediately after the end of the vacation.
7. WITHDRAWAL AND CANCELLATION BY THE ORGANIZER
Elke de Luca can cancel the contract up to 21 days before the start of the vacation if the minimum number of participants stated in the vacation description has not been reached. The customer receives the paid vacation price back immediately. Further claims are not entitled to the customer.
Elke de Luca can terminate the contract without notice, if the customer disturbs the implementation of the vacation regardless of a warning by Elke de Luca persistently or if he behaves contrary to the contract to such an extent that the immediate cancellation (termination without notice) of the organizer is justified. In this case, the peculiarities and the requirements of the vacation as well as the interests of the group are to be taken into account. This applies in particular if the customer does not meet the special requirements of the vacation (health, physical fitness, ability to perform, assistance in the vacation process, etc.), which are expressly specified in the vacation advertisement on the Internet at http://www.naturemoves.life. This also applies if the customer does not have the necessary documents for further travel or does not follow the instructions of the vacation management. If Elke de Luca cancels the contract, Elke de Luca retains the right to the vacation price, but must
However, Elke de Luca must take into account the value of the saved expenses that Elke de Luca obtains from another use of the unused service, including the amounts credited to Elke de Luca by the service providers. In the event of termination, Elke de Luca will be represented by the respective vacation manager. If the performance of the vacation is considerably impeded, endangered or impaired before or after its commencement as a result of extraordinary circumstances not foreseeable at the time of conclusion of the contract, in particular force majeure, both the customer and Elke de Luca may terminate the vacation contract. If the contract is terminated by Elke de Luca or on the part of the customer – whereby the customer’s reasons for termination must lie within the risk sphere of Elke de Luca – all costs for expenses incurred or still to be incurred for the termination of the vacation will be borne by Elke de Luca. If the termination is pronounced by the customer without the reason for termination falling within the sphere of risk of Elke de Luca, Elke de Luca can demand reasonable compensation. Elke de Luca is obliged to take the necessary measures for the return transport of the customer, if the contract includes the return transport. The resulting additional costs are the responsibility of the customer.
8. LIABILITY
Elke de Luca is liable within the scope of the due diligence of a prudent businessman for the correctness of the service description on the Internet at http://www.naturemoves.life (unless a change in the program details was declared prior to the conclusion of the contract), for the conscientious preparation, the careful selection and supervision of the service providers, as well as for the proper provision of the contractually agreed vacation service, taking into account the respective local and national customs, as well as for any fault on the part of the persons entrusted with the provision of the service.
9. LIMITATION OF LIABILITY
The contractual liability of Elke de Luca for damages, which are not bodily injuries, is limited to the triple vacation price, as far as a damage of the customer is caused neither intentionally nor grossly negligently or as far as Elke de Luca is responsible for a damage incurred by the customer solely due to a fault of a service provider. With regard to all contractual or tortious claims under consideration, liability of Elke de Luca is excluded or limited for such services that are provided by a service provider whose liability is also excluded or limited due to international conventions or regulations based on such. In the case of all vacations of Elke de Luca which, due to their special nature, are associated with considerable risk or with unforeseeable circumstances or require the improvisation of the vacation management, liability for the success, the fulfillment of expectations and for circumstances based on these special features is excluded. Elke de Luca is not liable for the environment and general life risk, such as by accidents, as they can occur in the use of local land and water transportation of all kinds, as well as own and rented vehicles, which are used or shared, unless the latter were caused by gross negligence or intent of the service providers of Elke de Luca. The same applies to offers and undertakings of all kinds such as meditation, bodywork and hikes, as well as attacks by animals and humans. Elke de Luca is not liable for disadvantages that may result from defects in rented vehicles and resulting route or date changes, for arbitrary measures of local authorities, fuel or supply problems and other circumstances of force majeure, which are not the responsibility of Elke de Luca, unless disadvantages were caused by gross negligence or intent of service providers. With all vacations of this kind there is an increased risk of illness, accident and injury, which cannot be excluded even by prudent care. This residual risk is borne by the customer himself and he is requested to cover himself accordingly by taking out foreign health, accident and personal liability insurance and to check his insurance cover.
In nature and especially in remote regions, there are only very limited rescue and/or medical treatment options due to technical and logistical difficulties, so that even minor injuries or incidents can have serious consequences. Elke de Luca presupposes here with each participant a substantial measure of personal responsibility and circumspection, an appropriate own vacation preparation, in addition, a increased measure of risk readiness. Elke de Luca is not liable for damages caused by own fault or by not following the instructions of the vacation management. Elke de Luca is not liable for undertakings carried out by participants themselves and specially remunerated with third parties with whom contracts are concluded at the participant’s own instigation in accordance with local law, and for additional arrangements at the request of the participants during the vacation. For general life risks of the customer such as theft, other loss and damage of luggage – when stowed in vehicles or on pack animals – any liability on the part of Elke de Luca is excluded, unless caused by gross negligence or intentional fault of one of our service providers.
10. CUSTOMER’S DUTY TO COOPERATE
The customer is obligated to do everything reasonable in the event of service disruptions and to cooperate within the framework of the legal provisions in order to contribute to the elimination of the disruption and to avoid or minimize any damages that may arise. In particular, the customer is obliged to immediately notify the vacation management of the defect. If the customer culpably fails to report a defect, a claim for reduction does not occur.
11. REMEDY, EXCLUSION OF CLAIMS AND STATUTE OF LIMITATIONS
If the vacation is not provided in accordance with the contract, the customer can demand remedy, whereby Elke de Luca can refuse the remedy if it requires a disproportionate effort. Elke de Luca can provide remedy in such a way that a substitute service of equal or higher value is provided to the customer. If a retreat is significantly impaired as a result of a defect and Elke de Luca does not provide a remedy within a reasonable period of time, the customer may terminate the vacation contract within the framework of the statutory provisions – in his own interest and for reasons of evidence expediently by written declaration. If the Customer wishes to claim a reduction in price, compensation for damages due to contractual or tortious liability, reimbursement of expenses, or repayment of the vacation price after termination of the vacation contract or after discontinuation of the vacation for other reasons, he must register these claims with Elke de Luca within one month after the contractually agreed termination of the vacation. After the expiry of the deadline, the customer can make claims if he was prevented from meeting the deadline through no fault of his own. Claims of the customer from warranty and contractual liability are subject to the statute of limitations according to §§ 651c to 651f BGB within one year after the contractually intended end of the vacation. The limitation period begins on the day on which the retreat should end according to the contract. If there are pending negotiations between the customer and Elke de Luca about the claim or the circumstances giving rise to the claim, the limitation period is suspended until the customer or Elke de Luca refuses to continue the negotiations. The statute of limitations comes into effect at the earliest 3 months after the end of the suspension. Claims from unauthorized action become time-barred after 3 years.
12. ENTRY AND HEALTH CONDITIONS
The customer is responsible for compliance with all regulations important for the implementation of the vacation. All disadvantages resulting from non-compliance with these regulations are at his expense, except if it is due to culpable misinformation by the organizer. Elke de Luca is responsible for informing German nationals about current regulations regarding passport, visa and health regulations, as well as their possible changes before the start of the vacation. For non-German nationals, the relevant consulate will also provide information.
13. OTHER
The customer may sue Elke de Luca only at its registered office. For lawsuits of Elke de Luca against the customer, the domicile of the customer is decisive, unless the lawsuit is directed against registered traders or persons who have moved their domicile or usual place of residence abroad after conclusion of the contract, or whose domicile or usual place of residence is not known at the time the lawsuit is filed. In these cases, the registered office of the vacation organizer shall be decisive. The invalidity of individual provisions of the vacation contract shall not result in the invalidity of the entire vacation contract.
Nature Moves Life 