A down payment amounting to 10 % of the travel price (deducted from the total travel price) is payable on conclusion of the contract (maximum amount 256, — €).
The remainder of the travel price is payable to OCEANO Travel, Susanne Braack 21 – 28 days prior to arrival at the latest.
Cancellation conditions
- Up to 30 days prior to the beginning of the programme: 10% of the total price,
- from the 29th to 22nd day prior to the beginning of the programme: 30% of the total price,
- from 21st to 14th day prior to the beginning of the programme: 35% of the total price,
- from 13th to 7th day prior to the beginning of the programme: 45 % of the total price
- from 6th day prior to the beginning of the programme onwards: 55 % of the total price
- no-show: 85% of the total price
Every participant acts on his/her sole responsibility. Participants who are leaving before the end of the programme for personal or health related reasons cannot claim any refund.
There is no refund for boat trips cancelled due to the weather. It is for the captain to decide if and under which conditions the boat trip is possible.
Dolphins and whales are wild, free ranging animals, there cannot be given sighting guarantees by OCEANO.
The complete General Terms and Conditions in English are available upon request. In case of doubt, the English version of the General Terms & Conditions of Travel is the one valid for our clients and us as a tour operator.
General Terms and Conditions
1. Conclusion of tourist travel contract
Upon registration, the customer makes a binding offer to the tour operator to conclude the travel contract subject to the travel description, information on the journey concerned as per travel brochure and these travel conditions. Registration is possible verbally, in writing, by phone, by fax or electronic means. It is made by the registrant and shall apply also to all participants listed in the registration, whose contractual obligations the registrant shall be liable for in the same manner as for his own obligations, if he has assumed this obligation under an explicit, separate declaration.
The travel contract is effected upon the tour operator’s acceptance of the registration, which does not require any particular form. The tour operator shall inform the customer about the contract conclusion by means of a written booking confirmation and shall send the travel price securing certificate. The securing certificate shall cover the entire customer’s money. In the event of the content of the travel confirmation differing from the content of the registration, it is dealt with a new offer of the tour operator to which the tour operator shall be bound for ten days. Within this deadline, the customer may accept the new offer by an explicit or conclusive declaration (e.g. down payment or payment of balance) and the travel contract is concluded based on this new offer.
2. Payment
Upon contract conclusion and receipt of the securing certificate a down payment amounting to ten per cent of the travel price becomes due and payable. The down payment is deducted from the travel price. The remainder of the travel price shall be due and payable 21 to 28 days prior to commencement of travel, if it is certain that the journey will take place, can particularly no longer be cancelled according to paragraph 6 and shall be received by the tour operator without being requested. The credit entry at the tour operator shall be relevant for the timeliness of payment.
After the booking confirmation has been sent any changes will be charged (50 €).
3. Services, change of travel description
The scale and manner of the services to be provided by the tour operator according to contract shall be based on the specification of services of the tour operator in the brochure relating to the journey or the concrete travel description together with the individual booking confirmation. With regard to the travel description the tour operator expressly reserves the right to announce a change of the description prior to contract conclusion for justifiable, substantial and unforeseeable reasons, about which the customer shall be informed before booking, of course. If requested by the customer, an individual travel schedule is established, so the contractual obligation of the tour operator exclusively results from the corresponding precise offer submitted to the customer together with the respective booking confirmation.
4. Changes in services and prices
Changes in service: Changes in considerable travel services becoming necessary after conclusion of contract and not caused by the tour operator in bad faith shall be exclusively permitted unless those changes are substantial and impair the overall arrangement of the booked journey.
Price adaptations:
Prices included in the brochure are binding for the tour operator. However, he may announce an amendment prior to conclusion of contract as far as reserved by him in the brochure. Reservation of a price adaptation shall be particularly admissible for the following reasons:
1. Due to an increase in transportation costs, charges for certain services such as harbour or
airport fees, or a change of applicable exchange rates for the journey concerned after publication of the brochure
2. If the packaged tour requested by the customer and advertised in the brochure is only
available by purchasing additional contingents after publication of the brochure.
5. Withdrawal by the customer, rebooking, replacement persons
The customer may withdraw from the journey at any time before starting the journey. This requires the tour operator receiving a declaration of cancellation. For reasons of proof, we would like to recommend the customer to notify his cancellation in writing.
Should the customer withdraw from his travel contract, the tour operator will lose his right to the agreed travel price. However, in compliance with paragraph 651i section 2 BGB (German Civil Code) he shall be entitled to an appropriate compensation for the travel preparations met and his expenditures. The amount of compensation shall be based on the travel price and deduction of the value of the expenditures usually saved by the tour operator as well as what he may acquire based on a usually possible other utilization of the travel services. The tour operator may charge this claim at his discretion either precisely or as a lump-sum. The tour operator may demand lump-sum compensation as follows:
For package air tours and further packed tours
up to the 30th day in advance of the journey 10%
from the 29th day to 22nd day in advance of the journey 30%
from the 21st day to 14th day in advance of the journey 35%
from the 13th day to 7th day in advance of the journey 45%
from the 6th day in advance of the journey 55%
no-show 85%
For sea voyage
up to the 30th day in advance of the journey 25%
from the 29th to 22nd day in advance of the journey 40%
from the 21st to 14th day in advance of the journey 60%
from the 13th day in advance of the journey 80%
no-show 85%
The customer shall always be free – even in the event of the liquidated cancellation compensation being charged – to provide evidence that the tour operator has not suffered any damage at all or just to an amount substantially lower than the lump-sums.
In the event of any rebooking (amendment with regard to travel date, place of commencement of travel, accommodation or kind of transportation) after having booked the journey, the tour operator may demand a rebooking fee to the amount of EUR 29.00. Any legal entitlement of the customer to rebook the journey shall be excluded. Rebooking is exclusively possible until the 35th day in advance of the journey. After that, rebooking shall only be possible after having cancelled the travel contract before in line with the before-mentioned conditions and in the event of a new registration by the customer at the same time. The customer may provide evidence at any time that rebooking has involved no or just a lower damage than the before-mentioned lump-sum.
Should the customer be unable to start the journey he may appoint a replacement person in advance of the journey, assuming the rights and obligations arising from the travel contract in his stead and whom he has to notify to the tour operator beforehand. The tour operator may contradict this third-party person entering the contract if he does not comply with the particular travel requirements or if his participation conflicts with legal regulations or official instructions. The replacement person entering the contract and the originally travelling person are liable to the tour operator for the travel price and as joint debtors for all additional costs arising from the replacement person entering the contract.
6. Withdrawal and cancellation by the tour operator
If in the description of the journey it is expressly referred to a minimum number of participants and this number is not achieved, the tour operator shall be entitled to withdraw from the contract if he has stated the minimum number of participants in the brochure and has stated the point of time until the travelling person shall have received the notification of withdrawal at the latest prior to the contractually agreed commencement of travel and if he has referred to this information in the travel confirmation in a clearly legible manner. Withdrawal shall be notified to the customer not later than 21 days prior to the agreed commencement of the journey. Any payments made on the travel price shall be immediately reimbursed to the customer.
In the event of the travelling person strongly disturbing despite a corresponding warning by the tour operator or if he behaves contrary to contract to such an extent that continuing the contractual relationship until the agreed termination or until expiry of the period of cancellation with him becomes unacceptable or otherwise strongly contrary to contract, the tour operator shall be entitled to terminate the travel contract without keeping to any notice period. In this process, the tour operator shall be continuously entitled to the travel price deducted by the value of expenditures saved and potential reimbursements by the service provider or similar advantages he may obtain from any other utilization of the service not having called upon. Possible additional extra expenses for the transport back shall be borne by the disturbing person himself.
7. Obligations of the customer, remedy, deadline prior to cancellation by the customer
The customer shall immediately notify occurring deficiencies to the local travel management or under the address/phone number stated below for finding remedy there. Should the customer culpably fail to notify a deficiency, this shall not entitle to a reduction in price.
In the event of the travel service not being provided according to contract, the customer may demand remedy within a reasonable period, with the tour operator being entitled to refuse remedy if involving a disproportionate effort. The tour operator may remedy to such an extent as providing a similar or superior replacement service.
Should a journey be substantially impaired due to a deficiency and the tour operator fails to remedy within an appropriate period of time, the customer may cancel the travel contract within the framework of the legal provisions, whereas for reasons of proof we would like to recommend to provide this statement in writing. Referring to this, the tour operator informs about the customer’s obligation to immediately notify an occurring deficiency as well as about the requirement of setting a reasonable time for remedy prior to cancellation of the travel contract (article 651e BGB German Civil Code). Setting a deadline is not required if a remedy is impossible or refused by the tour operator of if an immediate cancellation of the contract is justified by a particular interest of the travelling person.
8. Customer‘s obligations to cooperate
To mitigate loss, to avoid potential deficiencies or to keep them at a low level the customer shall be obliged to cooperate in the event of occurring deficiencies within the framework of legal provisions on the duty.
With regard to the travel documents the customer shall notify the tour operator if he should not receive the necessary travel documents (e.g. hotel voucher, flight tickets) within the period of time as stated by the tour operator.
9. Notice on grounds of force majeure
In the event of the journey becoming substantially aggravating, endangered or impaired on grounds of a case of force majeure unforeseeable when the contract is concluded, both the tour operator and the customer may terminate the contract. The legal consequences result from the Act (article 651j BGB German Civil Code, article 651e section 3 BGB German Civil Code). Accordingly, the tour operator may claim an appropriate compensation for travel services rendered or yet to be rendered. The tour operator shall be obliged to implement the actions required, particularly to transport the travel guest back if the contract includes back transport. Each party shall pay half of the additional costs for back transport. Apart from that, additional costs shall be borne by the customer.
10. Limitation of liability of the tour operator
The contractual liability of the tour operator for damages beyond bodily injury shall be limited to three times the price of the journey per journey and customer, provided a damage of the travelling person has been induced neither intentionally nor grossly negligent or as far as the tour operator is responsible for a damage incurred to the travelling person solely on grounds of the fault of a service provider. For all claims for compensation in tort against the tour operator not based on intention or gross negligence, the tour operator shall be liable for property damage up to EUR 4,100; if the amount of three times the travel price exceeds this amount, liability of the tour operator for property damage shall be limited to the amount of three times the travel price per journey and customer. The named limitations of liability shall not apply to claims arising on grounds of loss of baggage according to the Montreal Convention.
11. Information requirements about the identity of the executing airline company
Following EU Convention no. 2111/05 the tour operator shall be obliged when booking to inform the customer about the identity of the respective airline company for all air transport services to be rendered within the framework of the booked journey. If the executing airline company/companies is/are not confirmed yet at this point of time, the tour operator is required to state that/those airline company/companies which is/are likely to carry out the air transport and shall immediately ensure the customer to obtain knowledge of the identity as soon as it has been determined. The same applies in the event of a change of the executing airline company. For the blacklist of the EU please refer to the homepage http://air-ban.europa.eu and to the homepage of the tour operator as well as his business premises. The list is updated by the EU on a continuous basis.
12. Passport and visa requirements, health requirements
The tour operator shall inform citizen of the state in which the journey is offered about passport and visa requirements and health formalities (e.g. vaccinations and attestations prescribed by police) required for the journey and the stay. Citizen of other states shall refer to the responsible consulate for information.
The customer shall have full responsibility for complying with the provisions required for the execution of the journey. All disadvantages resulting from failing to comply with these regulations shall be his responsibility with the exception of cases in which the tour operator is to blame for his obligation to communicate information or for its poor fulfilment. In particular, customs and foreign exchange regulations abroad shall be observed.
The customer shall be fully responsible for procuring and carrying along the necessary travel documents and shall ensure himself that his passport or identification card are valid and will not expire during the journey. As far as the customer has entrusted the tour operator with applying for official documents such as a visa for him, the tour operator shall not be responsible for the timely issuance of these documents by German or foreign authorities, but only in the event that he violates his obligations and that he is to blame for the delay himself.
13. Exclusion of claims, periods of notification, limitation period
Contractual travel warranty claims shall be asserted against the tour operator within one month after termination of the journey to the address mentioned below. After expiry of the one-month time period the travelling person may only assert claims on the provision that he has been barred from keeping the deadline independent of negligence or if it dealt with tort actions. The deadline stated shall not apply to the notification of damage to luggage, delays in delivery in the event of luggage or loss of luggage in connection with flights. These shall be notified within seven days in the event of loss of luggage or within 21 days in the event of delayed luggage upon handing over of the luggage, where it is recommended to file the notice of claim at the responsible airline company immediately on the spot. Likewise, the loss, damage or miscarriage of luggage shall be notified to the local tourism management or tour operator.
For property and financial damages, contractual travel claims of the customer following articles 651c to 651f BGB German Civil Code become time-barred after one year. The limitation period starts with the day on which the journey should have been terminated according to contract. In the event of any pending negotiations between the customer and the tour operator regarding the claim or circumstances justifying the claim, the limitation period shall be inhibited until the customer or the tour operator refuses continuation of negotiations. The limitation period starts three months after termination of the inhibition at the earliest. Claims in tort as well as all claims for damages of bodily harm shall be subject to the legal limitation period.
14. Protection of data privacy
Personal data provided to the tour operator by the customer is electronically processed and used as far as required for executing the contract and for customer support. As far as collection, processing and utilization of personal data are concerned, we strictly comply with the provisions of the Federal Data Protection Act.
15. Miscellaneous
The invalidity of individual provisions does not involve any invalidity of the travel contract as a whole. The overall contractual and legal relationship between the customer and the tour operator shall be exclusively subject to German law. The tour operator may be taken to court at his place of business.
The tour operator may sue the customer at the customer’s place of residence. As far as the customer is a business man or legal person under private or public law or a person with the place of residence or habitual domicile abroad or whose place of residence or habitual domicile at the point of time of bringing a suit is unknown, the place of business of the tour operator shall be agreed as the place of jurisdiction.
The tour operator is a member of forumandersreisen e.V., Freiburg, acknowledges the catalogue of criteria of forumandersreisen regarding sustainable tourism.
Name and address of the tour operator: Susanne Braack, OCEANO MEERZEIT Reisen, Blumenthal 1, D – 86551 Aichach
Phone: +49 6221 18713290, Fax +496221 18713299 and in Spain +34 922 80 5717
Emergency number: +34 649 288 852
E-mail: info@oceano-whalewatching.com
Homepage: www.oceano-whalewatching.com
