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Terms and Conditions

Chalo! Travels

Owner Sarah Appelt

Seeweg 9

14548 Schwielosee

Germany

Travel and payment terms

The following travel and payment terms apply to the tour operator

Chalo! Travels Owner Sarah Appelt, Seeweg 9, 14548 Schwielowsee.

1. Registration, travel confirmation
1.1. By registering, the traveler offers Chalo! Travels to the conclusion of a travel contract. The application may be made in writing, orally or by telephone. It shall also be made by the traveler for all participants listed in the registration, for whose contractual obligation the traveler is entitled as well as for his own obligations, provided that he has assumed a corresponding separate obligation by express and separate declaration. The traveler is required to register until he is accepted by Chalo! Travels, but not more than 14 days from the date of registration.
1.2. The travel contract comes with the acceptance by Chalo! Travels. The traveler receives from Chalo! Travels a written travel confirmation. If the content of the travel confirmation differs from the content of the registration, this is expressly indicated in the travel confirmation.  Chalo! Travels is 10 days bound to that offer. The contract is concluded on the basis of this new offer if the traveler declares acceptance within ten days.
1.3. These travel conditions apply exclusively to those of Chalo! Travels themselves organized trips.
1.4. Chalo! Travels kicks in the case of individual services that are only provided as third-party services! Chalo! Travels only as an intermediary. In the case of these services or trips, the terms and conditions of business or travel of the respective third party contractor apply expressly. These will be submitted to the traveler at the time of conclusion of the contract or will be transmitted in full.

2. Payment, sending of travel documents
2.1. Upon conclusion of the contract, a deposit of 20% of the travel price is due, but not more than 300,- € per person.
2.2. The deposit may be paid by Chalo! Travels only after the handing over of the security certificate within the meaning of Section 651 k para. 3 BGB and will be counted against the travel price.
2.3. The remaining travel price is due no later than 21 days before the start of the trip.
2.4. For bookings made less than 28 days before the start of the trip, the total travel price is due immediately upon handover of the security certificate.
2.5. If the conditions of the due date of the travel price are met, the traveler is not entitled to the provision of the travel service without full payment of the travel price. In the case of bank transfers, the full payment of the travel price will have to be deposited on the account of Chalo! travels.
2.6. The travel documents will be handed over or sent to the traveler at his choice upon full receipt of the travel price.
2.7. Chalo! Travels is entitled to withdraw from the contract and to claim damages for non-performance from the traveler if the traveler has not paid the due travel price after a reminder and a reasonable deadline.
2.8. Cancellation compensation, handling and re-booking fees as well as insurance premiums are due immediately.

3. Benefits
3.1. The scope of the contractually agreed services is determined by the service descriptions in the brochure/on the Chalo! travels and the special requests expressly agreed with the traveler as well as the information subsequently replaying the agreement in the travel confirmation.
3.2. The ones in the brochure/on the Chalo! Travels information is binding. Chalo! Travels However expressly reserves the right, for factually justified, significant and unforeseeable reasons, to declare before the conclusion of the contract a change of concrete travel services of the travel notice, about which the traveler is informed before his booking.
3.3. For these reasons, Chalo! Travels reserves the right to In addition, travel expressly reappropriate to declare before the conclusion of the contract a change in the actual travel price of the travel notice, about which the traveler is informed before his booking.
3.4. Travel agencies and tour guides are not authorized to give assurances deviating from the content of the travel contract or to make amending or supplementary agreements.

4. Changes in performance and prices
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 also due to the specific nature of trekking and expedition trips and those of Chalo! Travels not brought about in good faith is only permitted if the changes or deviations are not significant and do not affect the overall cut of the booked trip. In such a case, adequate replacement services are offered.
4.2. Any warranty claims remain unaffected insofar as the amended services are affected by defects.
4.3. Chalo! Travels is obliged to inform the traveler immediately of any changes or deviations from performance. If necessary, Chalo!Travels offer the traveler a free rebooking or a free cancellation.
4.4. Chalo! Travels reserves the right to change the prices advertised and agreed with the booking in the event of an increase in transport costs, in particular fuel costs or charges for certain services, such as port or airport fees and entry fees, or a change in the exchange rates (cost factors) applicable to the trip in question, in accordance with the calculation below, adding the corresponding increase to the agreed travel price:
If the transport costs, in particular the fuel costs, are increased at the time of conclusion of the travel contract, Chalo! Travels the event of an increase related to the seat of the respective traveler, the actual increase will be required by the traveler. In other cases, the additional transport costs required by the carrier per means of transport shall be divided by the number of seats on the means of transport. Den sich so ergebenden, konkreten Erhöhungsbetrag kann Chalo! travels from the respective traveler. If the existing charges such as port, airport fees or entry fees are increased at the time of conclusion of the travel contract, Chalo! Travels require the respective pro rata, concrete increase amount from the respective traveler. If the applicable exchange rates are changed after the conclusion of the travel contract, Chalo! Travels require the corresponding, pro rata, concrete increase in the price of the respective traveler. A price increase is only permitted if there is a period of more than 4 months between the conclusion of the contract and the agreed travel date.
4.5. Chalo! Travels must declare to the traveler such price change or the change of a material travel service immediately upon knowledge of the reason for the change. However, a price increase must be received by the traveler at the latest at the end of the 21st day before the agreed departure date. Price increases after this date are no longer permitted.
4.6. In the event of price increases of more than 5% or in the event of a significant change in a substantial travel service, the traveller is entitled to withdraw from the travel contract without any fees or to demand participation in a trip of at least equivalent value if Chalo! travels is able to offer such a trip at no extra cost to the traveler from its offer.
4.7. The traveler has these rights immediately after the declaration of the Chalo! travels against them.

5. Withdrawal by the traveler
5.1. The traveler can withdraw from the trip at any time prior to the start of the trip. The access to the declaration of withdrawal from the tour operator or its persons responsible for receiving the contract is decisive. Chalo! Travels strongly recommends that you declare the withdrawal in writing.
5.2. If the traveler withdraws from the travel contract or does not start the trip, Chalo! travels require appropriate compensation. The amount of the compensation is determine on the price of the trip, deducting the value of Chalo! Travels saved expenses as well as what it can acquire through other use of the travel services.
5.3. Chalo! Travels may determine compensation in a percentage of the travel price for each type of travel, taking into account the expenses normally saved and the purchase normally possible by other use of travel services and the proximity of the date of withdrawal at the contractually agreed start of the trip, in accordance with the following breakdown:
At all of Chalo! Travels-organized trips will take place until the 121st. the day before departure a compensation (handling fee) of 50,- € per person as well as
from the 120th up to the 96th day before departure 5%,
from the 95th to the 46th day before departure 15%,
from the 45th to the 29th day before departure 25%,
from the 28th to the 15th day before departure 45%,
from the 14th to the 7th day before departure 75%,
from the 6th day before departure 90% of the travel price.
5.4. The traveler  always has the right to prove that the damage of Chalo! travels is actually lower or the saved expenses of Chalo! travels are higher or no damage has been caused at all.
5.5. Until the start of the journey, the traveler may require that a third party enter into the rights and obligations under the travel contract instead of his. Chalo! Travels may object to the entry of the third party if the third party does not meet the special travel requirements or if his participation is contrary to legal regulations or official orders. If a third party enters into the contract, he and the traveler are liable. Chalo! travelS as joint and several debtorfor the price of the trip and the additional costs incurred as a result of the entry of the third party.

6. Withdrawal and termination by the tour operator
Chalo! Travels  may withdraw from the travel contract or terminate the travel contract after the start of the trip in the following cases:
6.1. Chalo! Travels may terminate the travel contract for good cause without notice. Tour guides or local representatives of Chalo! Travels is authorized to declare the cancellation. An important reason may be given in particular if the traveler does not meet the previously announced special travel requirements or if his behaviour permanently disturbs or endangers the travel process and which is not remedied or can be remedied even after a warning. In the event of such termination, Chalo! Travels is generally entitled to the travel price, but must be credited with the value of the expenses saved and the benefits obtained from any other use of the services not used, including the amounts credited to it by the service providers.
6.2. If a minimum number of participants is not reached or has been set by the authorities, Chalo! Travels will be waived from the travel contract if a minimum number of participants is indicated in the travel notice for the corresponding trip. In any case, Chalo! Travels obliges to inform the traveler immediately after the occurrence of the condition for the non-execution of the trip and to forward the cancellation declaration to him without delay. Chalo! Travels may be withered from the trip until the 21st day before the start of the trip if the minimum number of participants specified in the travel notice is not reached. The traveler will receive the paid travel price back immediately.

7. Force measure
7.1. Chalo! Travels may terminate the travel contract in the event of unforeseeable force measure if this would complicate, endanger or impair the journey. In this case, the traveler is also permitted to cancel. If the contract is terminated, Chalo! Travels require appropriate compensation for travel services provided or still to be provided at the end of the trip.
7.2. Furthermore, Chalo! Travels obliges to take the necessary measures, in particular if the contract includes the return transport to transport the traveler back. The additional costs for the return transport shall be borne by the parties in half. In addition, the additional costs will be put on the traveler.

8. Liability of the tour operator
8.1. Chalo! Travels is liable within the scope of the due diligence obligations of a regular merchant for
– conscientious travel preparation;
– the careful selection and monitoring of service providers;
– the correctness of the description of all travel services specified in the catalogue, unless the tour operator has declared a change in the prospectus information in accordance with paragraph 1 before the conclusion of the contract;
– the proper provision of the contractually agreed travel services, provided that Chalo! travels itself is a tour operator.
In case the Chalo! travels is only an intermediary of travel services, she has with the care of a proper travel agent
– to obtain the brokered travel service and to endeavour to conclude the contract for this purpose,
– provide the necessary advice and information, and
– to do everything possible to ensure that the main contract is properly concluded.
8.2 Chalo! Travels is also liable for the fault of the persons entrusted with the provision of services.

9. Warranty
9.1. If the trip is not provided in accordance with the contract, the traveler may demand redress.  The tour operator may solve the situation by providing equivalent compensation. The tour operator may refuse to remedy the situation if it requires a disproportionate effort.
9.2. For the duration of a non-contractual provision of the trip, the traveler may demand a corresponding reduction in the travel price (reduction). The price of the trip shall be reduced in the proportion in which, at the time of the sale, the value of the trip would have been in a defect-free condition to the real value. The reduction does not occur insofar as the traveler culpably fails to notify the defect.
9.3. If a trip is significantly affected as a result of a defect and the tour operator does not better the situation within a reasonable period of time, the traveler may, within the scope of the statutory provisions, terminate the travel contract – in his own interest and for reasons of evidence, expediently by written declaration. The same applies if the traveler cannot be expected to travel for an important reason recognisable to the tour operator as a result of a defect. The determination of a time limit for remedial action is not necessary only if remedial action is impossible or is refused by the tour operator or if the immediate termination of the contract is justified by a special interest of the traveler. He owes the tour operator the part of the travel price attributable to the services used, provided that those services were of interest to him.
9.4. Without prejudice to the reduction or termination, the traveler may claim compensation for non-performance, unless the lack of the trip is due to a circumstance for which the tour operator is not responsible.

10. Limitation of Liability
10.1. The contractual liability of Chalo! Travels for damages that are not bodily harm is limited to three times the price of the trip,
– insofar as damage to the traveler is not caused intentionally or through gross negligence, or
– so far Chalo! travels is solely responsible for damage caused to the traveler by a provider’s fault.
10.2. Chalo!Travels is liable for all claims for damages of the traveler for tort, which are not based on intent or gross negligenc.Chalo! Travels Liability for damage to property is limited to € 4100 in the event of damage to property. If the trip price exceeds this sum, the liability for damage to property is limited to the amount of three times the travel price. These maximum amounts of liability apply per traveler and travel.
10.3. Chalo! Travels is not liable for disturbances in connection with services that are only mediated as third-party services (e.g. sporting events, theatre visits, exhibitions, travel programs, etc.) and which have been expressly marked as third-party services in the travel notice.
10.4. A claim for damages against Chalo! Travels is limited or excluded in so far as, under international conventions or statutory provisions based on such agreements applicable to the services to be provided by a 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.
10.5. If the tour operator has the status of a contractual carrier, liability shall be governed by the provisions of the Air Transport Act in conjunction with the international agreements of Warsaw, The Hague, Guadalajara and the Montreal Agreement (only for flights to the USA and Canada). These agreements generally limit the carrier’s liability for death or bodily injury, as well as for loss and damage to baggage. If the tour operator is a service provider in other cases, he is liable in accordance with the provisions applicable to these regulations.

11. Exclusion of claims and limitation period
The traveler shall have claims against Chalo! Travels within one month of the contractual termination of the trip due to non-contractual delivery of the trip! Travel,Seeweg 9, 14548 Schwielowsee. After the expiry of the period, the traveler may make claims if he has been prevented from complying with the time limit through no fault of his own. Claims of the traveler according to the sections 651c to 651f BGB shall become statute-barred in one year. The limitation period begins on the day on which the journey should end according to the contract.

12. Obligation to cooperate
The traveler is obliged to cooperate within the scope of the statutory provisions in the event of performance disruptions, to avoid possible damage or to keep it to a minimum. In the event of any complaints, he is obliged to inform the local tour guide without delay. It is responsible for remedying the situation where possible. If the traveler culpably fails to report a defect, a claim for reduction does not occur.

13. Passport, Visa and Health Regulations
13.1. Chalo! Travels undertakes to inform nationals of the country in which the trip is offered of the necessary passport and visa requirements, in particular of the deadlines for obtaining such documents and any changes they may be made before they travel. Other passport and visa requirements may apply to nationals of other countries, which the consulate responsible provides information about. In addition, the Chalo! Travels To inform the traveler of the necessary sanitary formalities and any changes before travelling.
13.2 Chalo! Travels is not liable for the timely issuance and access of necessary visas by the respective diplomatic representation if the traveler Chalo! travels has entrusted them with their errands, unless the tour operator is responsible for the delay. Fees charged by diplomatic missions for processing visa applications are not included in the flat rate.
13.3. The traveler is responsible for compliance with all the regulations that are important for the implementation of the trip.
13.4. All disadvantages, in particular the payment of cancellation costs arising from the non-compliance with these regulations, shall be borne by him, except if they are caused by a culpable misinformation or non-information by Chalo! travels are conditional.
13.5. Chalo! Travels is not liable for the timely issuance and access of necessary visas by the respective diplomatic mission, unless Chalo! travels is responsible for the delay.

14. Validity of prospectus information/website information
14.1. All information in this brochure/website about services, programs, dates, prices and travel conditions corresponds to the state of printing in January 2013.
14.2. With the publication of the new prospectus, in which no change of the general terms and conditions has been made, all previously published catalogues lose their validity.

15. Special benefits, benefits
Special services or benefits advertised by Chalo! Travels in the catalogue/website! Travel, especially early booking discounts, are expressly only available at those of Chalo! travels organized trips granted. For corresponding regulations of other organizers, Chalo! Travels is not responsible.

16. Informing the passenger of the identity of the air carrier
Chalo! Travels under Regulation (EC) No 2111/2005 on the information of passengers on the identity of the operator, travel is required to inform the passenger of the identity of the operator(s) when booking the journey for carriage by air. If the identity of the executing air carrier is not yet known at the time of booking, Chalo! Travels obliges the traveler to provide the name or air carrier(s) which are likely to operate the flights in question. Once Chalo! Travels knowledge of the identity of the executing air carrier, it shall inform the passenger of the identity of the air carrier or undertaking carrying out the contract. If the operating airlines are changed after the booking, Chalo! Travels for carriage by air, irrespective of the reason for the change, immediately take all reasonable steps to ensure that the traveller is informed of the change as soon as possible. In any case, the traveler shall be informed at check-in or, if no check-in is required on a connecting flight, at boarding. Chalo! Travels shall ensure that the passenger concerned is informed of the identity of the air carrier(s) for air transport as soon as that identity is established, in particular in the event of a change of air carrier. The Community list of air carriers subject to a ban on operations in the Community, published by the European Community, is currently available on the Internet or on request from Chalo! travels available.

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

18th place of jurisdiction
18.1. The headquarters of Chalo! Travels is in 14548 Schwielowsee. The traveler can Chalo! Travels only at their registered office.
18.2. For lawsuits Chalo! Travels against the traveler shall be the origin of the traveler, unless the action is directed against merchants or persons who do not have a general place of jurisdiction in Germany, or against persons who have moved their domicile or habitual residence abroad after the conclusion of the contract, or whose domicile or habitual residence is not known at the time the action is brought. In these cases, the seat of Chalo! travels is decisive.

19. Restrictions
Errors in prices and dates are reserved.

As of January 2014

Tour operators:
Chalo! Travel

Owner Sarah Appelt

Sea route 9

14548 Schwielowsee