General Travel Terms and Conditions

General Travel Terms and Conditions

The following conditions apply to contracts between the traveler and NOSADE.

1. Travel Confirmation, Contract Basis

1.1. By booking (confirming the trip), the traveler submits a binding offer for conclusion of the travel contract. The traveler is bound by their offer for 14 days.

1.2. Conclusion of the contract does not require any specific form. The contract between the traveler and NOSADE materializes through submission of the offer and acceptance by NOSADE.

1.3. In cases of electronic booking (email, internet), NOSADE confirms reception of the booking immediately and electronically. This acknowledgment of receipt does not constitute a booking confirmation or acceptance of the order and does not substantiate any claim to a conclusion of the travel contract.

1.4. The contract materializes with receipt of the booking confirmation from NOSADE. No specific form is required. The traveler is supplied with a written travel confirmation at or immediately upon conclusion of the contract.

1.5 NOSADE’s contractual obligations shall be determined by the travel brochure together with the booking confirmation and all additional information provided by NOSADE for the specific trip.

1.6. Travel agents and service providers (e.g. hotels, transport providers) are not authorized by NOSADE to enter into agreements, to provide information or assurances altering the agreed upon content of the travel contract, exceeding the services contractually agreed to by NOSADE or be at variance with the travel brochure.

1.7. Local and hotel brochures not issued by NOSADE are not binding for NOSADE and their contractual obligation to perform, as long as they have not expressly been included into the travel brochure or into NOSADE’s obligations.

1.8. Executed travels shall be in accordance with local law. German law shall not apply.

2. Terms of Payment

2.1. Upon conclusion of the contract and surrender of the secured payment certificate in accordance with § 651k BGB (German Civil Code) an advance payment amounting to 20% of the total travel costs becomes due and shall be transferred into our account. Payment of the rest shall be due 30 days before departure, provided the secured payment certificate and the necessary contractual documents have been handed over and the reasons to cancel the trip listed under §4 of this document cease to apply.

2.2. Should the traveler fail to transfer the advance payment and/or the final payment does not confirm to the agreed upon payment conditions, NOSADE shall be entitled, upon submission of a payment reminder providing a specific term limit, to cancel the travel contract and to charge cancellation fees in accordance with §3 of this document.

3. Rebooking and Withdrawal

3.1. At any time before departure, the traveler may cancel the trip. Any cancellation shall be submitted in writing to NOSADE at the following address:

NOSADE GmbH, Pasteurstrasse 2, 10407 Berlin

Should the trip have been booked via a travel agent’s, cancellations may be submitted to them. The traveler is advised to submit their cancellation in writing.

3.2. Should the traveler cancel before the start of the trip or should they not embark on the trip, NOSADE is not losing their claim to the fee for the trip. NOSADE may, as long as they themselves or an act of god are not at fault for the cancellation, demand fair compensation for their efforts undertaken before cancellation in preparation of the trip and their expenses based on the total cost of the trip.

3.3 Compensation shall be calculated as follows upon receipt of the traveler’s cancellation announcement:

up to 90 days before departure 15%
from day 89 to day 60 before departure 20%
from day 59 to day 30 before departure 35%
from day 29 to day 10 before departure 50%
from day 9 to one day before departure 75%
for cancellations on the day of departure or failure to show 95%

3.4. The traveler is entitled to prove that NOSADE has incurred no or significantly lower damages than claimed by them in lump sum compensation.

3.5. The traveler is strongly advised to purchase both trip cancellation insurance and an insurance covering repatriation costs in cases of illness or accident. You can acquire such insurance policies at R+V Allgemeine Versicherung AG.

3.6. Upon conclusion of the contract, the traveler shall possess no claim to alterations regarding travel dates, destinations, departure points, accommodation, or transport modes (rebooking). Is a rebooking possible and is it arranged at the traveler’s request, they shall bear any and all additional cost.

4. Cancellation through NOSADE

4.1. Should a minimum amount of 5 participants, specifically listed in the travel confirmation, not be reached, NOSADE is entitled to cancel the trip up to 30 days before departure. Travelers shall immediately be refunded the deposited travel fees. There shall be no further claims.

4.2. NOSADE may withdraw from the travel contract or cancel after departure, should

  1. the traveler lastingly and considerably be disrupting the execution of the trip despite warning or conduct himself in such a manner that immediate cancellation of the contract is justified. Possibly arising costs shall be the traveler’s liability in full.
  2. an act of God or other unforeseen circumstances be interfering with or preventing execution of the trip.

5. Limitation of Liability

5.1. NOSADE’s contractual liability for damages that are not physical injury is limited to three times the cost of the trip,

  1. as long as these damages to the traveler are not caused by intent or gross negligence.
  2. provided NOSADE can be held accountable for damages incurred by the traveler solely through the fault of a service provider.

5.2. The tour operator’s liability for damages to property that are not caused by intent or gross negligence is limited to three times the cost of the trip. This maximum liability amount applies per traveler and trip.

5.3. NOSADE shall not be liable for services that are only procured as external services, such as additional excursions, public transportation, events etc, as long as naming of the contractual partner and form of the advertising make it visible for the traveler that these services are not part of the services provided by NOSADE. Liability for transportation within the advertised travel services as well as liability for breaches of duty through NOSADE shall remain unaffected by this.

5.4. Furthermore, NOSADE shall not be liable for service disruptions that are not their responsibility, such as acts of God, acts of nature, environmental disasters, strikes, epidemics etc.

6. Deficiencies, Exclusions of Claims, Termination, Statute of Limitations

6.1. The traveler shall be required to notify NOSADE of any and all complaints regarding the travel service. Should the traveler refrain from reporting a deficiency, the traveler’s claim to a reduction in price shall be null and void.

6.2. Should the traveler intend to prematurely terminate a travel contract due to a deficiency or another reason visible to NOSADE, they shall have to set NOSADE a reasonable time-frame for remedy. This does not apply should remedy be impossible, denied by NOSADE, or immediate termination be justified by a specific and for NOSADE recognizable concern of the traveler.

6.3. The traveler shall submit notification to NOSADE of any and all claims arising from deficiencies or failure to conduct the trip in accordance with the contract within a month of the contractually scheduled end of the trip to the address given below. Upon expiry of this deadline, assertion of these claims shall be precluded, unless the traveler was prevented from meeting the deadline through no fault of their own.

6.4   Claims of the traveler arising from §§ 651 c to f BGB

  1. from injuries to life, limb, and health resulting from intentional or grossly negligent breach of duty by NOSADE, their legal representative or agent, or
  2. for compensation for other damages resulting from intentional or grossly negligent breach of duty by NOSADE, their legal representative or agent, or
  3. claims from violation of those contractual obligations essential to proper planning and execution of the trip

reach their statute of limitations after two years, beginning with the day after the agreed upon end of the trip.

6.5. Any claims not falling under 6.4 reach their statute of limitations within a year, beginning with the day after the agreed upon end of the trip.

7. Passport, Visa and Health Regulations

7.1. Travelers are responsible for procurement and availability of the officially required travel documents, as well as adherence to customs and foreign exchange regulations. Any and all disadvantages and costs resulting from non-observance are at their own expense.

7.2. The traveler should collect information regarding infection and vaccine protection and other prophylactic measures in due time. If necessary, a physician should be consulted. It is suggested to make use of generally available information at the public health department, medical doctors specializing in travel medicine, information providers, and the German Federal Center for Health Education.

8. Governing Law, Place of Jurisdiction

8.1. The laws of the Federal Republic of Germany apply. All tours are conducted though under Moroccan law. German law does not apply.

8.2. For travelers who, at the time of booking, do not hold permanent residence within the Federal Republic of Germany or who move their place of residence outside the borders of the Federal Republic of Germany after conclusion of the contract, place of jurisdiction shall be the at the seat of NOSADE.

8.3. Invalidity of any individual contractual provision shall not affect the validity of the remainder of the contract.

 

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As of October 2nd, 2016

NOSADE GmbH
Pasteurstrasse 2
10407 Berlin
Germany

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