GTC General Terms and Conditions
General Terms and Conditions VIP Tours Cabo Verde Lda
In any case of doubt, the original version of the GTC in German language has validity.
1. General Information
Please read the General Terms and Conditions (GTC) carefully. They are an integral part of the contract between you and VIP Tours Cabo Verde. With your booking – no matter whether you book in writing, by electronic means or orally – you automatically and expressly recognize these GTC.
VIP Tours Cabo Verde is a tour operator registered in the Cape Verde Islands (Cabo Verde) that is under German management. As a company under German management, we naturally expect to do everything we can to satisfy our guests in terms of reliability, quality and service. Nevertheless, we would like to point out that despite steady progress, the Cape Verde Islands are still a developing African country which requires a certain degree of understanding, patience and consideration from its visitors.
The services of VIP Tours Cabo Verde are those of a tour operator or travel agent. If we offer travel services as an agent, the Terms and Conditions of the service provider (tour operators, airlines, hotels etc.) apply.
2. Booking / provisional reservation
Booking early is worthwhile. Experience tells us that especially during the peak travel season many flights and hotels are fully booked early on. This is why it is in your own interest to book early to ensure the programme you want.
We are also happy to offer you a provisional reservation (option) which we will keep up until a date
to be determined.
3. Booking and conclusion of contract
3.1. Conclusion of the travel contract
3.1.1 By booking the tour (travel registration), the customer makes a binding offer to VIP Tours Cabo Verde to conclude a travel contract. This offer is based on the published and supplementary information provided by VIP Tours Cabo Verde for the respective tour, insofar as this information is available to the customer, and/or on the travel package specifically put together for the customer.
If different arrangements are made at the time of booking, these arrangements must be set out in writing in the booking confirmation.
3.1.2 The booking may be made in writing, orally, by telephone or by electronic means (e-
mail, internet).
If you register further travellers, you will be held liable for their contractual obligations
(in particular the payment of travel expenses) as well as for your own obligations. The contractual agreements and the GTC apply to all participating travellers.
3.1.3 The travel contract comes into effect as soon as VIP Tours Cabo Verde sends you the booking confirmation, which is usually done electronically.
3.1.4 If the content of the booking confirmation deviates from the content of the booking, then
VIP Tours Cabo Verde has made a new offer. The contract comes into effect on the basis of this
new offer if the customer declares acceptance of the new offer or pays a deposit within 7 days.
3.1.5 Travel agents (e.g. travel agencies) and service providers (e.g. hotels, transport companies) are not authorized by VIP Tours Cabo Verde to make arrangements, provide information or make assurances that modify the agreed content of the travel contract, go beyond the contractually agreed services of the tour operator or are contrary to the published travel information.
4. There are rights and obligations arising from the travel contract for both parties:
4.1.VIP Tours Cabo Verde
As a Cape Verdean company, VIP Tours Cabo Verde is not a member of a guarantee fund of the European travel industry. Nevertheless, we guarantee that the tour will take place if it is organized by us and is under our control. This applies to agreed services such as accommodation, transfers by minibus, taxi or bus, excursions, hikes, tour guides and meals, provided that these are part of the programme. When booking flights, we only act as intermediaries. In this case the General Terms and Conditions of the respective airline apply.
4.2. Participating travellers (hereinafter referred to as PT)
4.2.1 The participating travellers are obliged to inform themselves about the applicable, current passport and visa requirements and to comply with these. You can find information regarding
entry requirements for European citizens on the VIP Tours Cabo Verde website. Please make inquiries at the relevant consulate or embassy of the Republic of Cape Verde responsible for you. VIP Tours Cabo Verde cannot accept any liability for any refusal of entry due to your failure to apply for and receive a visa. You alone are responsible for complying with the relevant passport, visa, customs, foreign exchange and health provisions.
4.2.2 Requirements
The PT must meet the health requirements for the respective advertised or agreed journey. In case of doubt, please consult a doctor before travelling and inform the tour guide where he/she may find your medication, if necessary. In your own interest as well as that of you fellow travellers, the PT is advised to inform the tour and/or hiking guide in good time of any health problems that may possibly also occur during the trip. You alone are responsible for your health. Hiking tours generally require that you are surefooted and do not get dizzy. Furthermore, you must ensure to bring along adequate equipment, especially hiking boots.
Participants who do not meet these conditions must expect to be excluded from individual
or all hikes.
Taking part in the hikes and tours is always at your own risk.
5. Price and terms of payment
5.1 Price
The price you pay is based on the offer published on our website and/or on the specific programme we developed for you. Unless stated otherwise, our prices are per person and double room accommodation. The prices valid at the time of booking apply. All prices include the statutory value added tax and are cash prices.
5.2 Reservations and consulting fees
5.2.2 Booking on short notice. For bookings on short notice (less than 30 days before departure),
we will charge you a fee of Euro 50, – per order.
5.2.3 Group tours. Unless expressly agreed otherwise in writing, VIP Tours Cabo Verde has the exclusive right to publish and execute the tours designed and offered by VIP Tours
Cabo Verde. We charge a processing fee of Euro 250, – for designing a group tour programme. This amount will be credited to you upon a definite group booking of 4 people or more.
5.2.4 Consulting fees. If you need VIP Tours Cabo Verde purely for consultation purposes
without book a travel service through us, then we will charge you a consultation fee of Euro 50, – per half an hour or part thereof if the consultation exceeds a certain amount of time (generally more than 5 minutes).
5.3 Terms of payment
Unless expressly agreed in writing, the following payment terms shall apply:
5.3.1 Deposit. In case of a definite booking, a deposit of 30% of the total agreed travel price is due. For bookings less than 30 days prior to travel, clause 5.3.2. applies. Final payment. Unless otherwise agreed, the travel documents will be handed or sent to you upon receipt of the total invoiced amount. We are entitled to refuse or cancel the travel services if payment is not received in due time.
5.3.2. Final payment
The balance of the travel price is due 30 days before departure. Any bookings on shorter notice require 100% of the travel price to be paid upon registration.
5.3.2.1 In the case of bookings made for additional participants less than 30 days before departure, the amount for these participants is due immediately upon booking.
5.3.3 Flights
The tickets (generally e-tickets) for the flights will be sent to you upon receipt of your payment.
If the flights are included in the tour price, the amount of a 30% deposit may be increased. The travel package is only definitely booked after receipt of the deposit.
5.4. Price changes
5.4.1 In the cases listed below, we must reserve the right to increase the prices listed in the offers
by VIP Tours Cabo Verde, that is in the case of the following changes not yet known at the time of the editorial deadline:
• price changes by transport companies (e.g. fuel surcharges)
• newly introduced or increased generally applicable fees or charges (e.g.
increased port or airport taxes)
• state-imposed price increases (e.g. VAT)
• extraordinary price increases by hotels
• plausibly explainable printing errors
• exchange rate changes
5.4.2. Should VIP Tours Cabo Verde have to increase the stated prices for the reasons mentioned above, you will be notified of the increase no later than 3 weeks before departure. If the price increase exceeds 10% of the originally booked fixed price, you have the right to cancel the contract free of charge within 5 days of receipt of our notification. In this case, VIP Tours Cabo Verde will refund you as soon as possible the payments you have already made, with the exception of the costs for flight tickets that have already been issued.
6. Cancellation / change in booking
6.1 Processing fees
Until the start of the cancellation period (see 6.2.), we charge a processing fee of Euro 150.00 per person for cancellations and changes (changes of names, changes in travel dates, rebooking of accommodation), however, not more than a maximum of Euro 300.00 per order. This is in addition to the costs for already issued airline tickets (see 6.2.1.2. – exceptions) as well as possible telephone costs. After the start of the cancellation period, the conditions under clause 6.2. apply.
6.2 Cancellation fees
Should you cancel your trip after booking and do so for a reason that is not covered by cancellation
insurance, then we must charge you the following costs as a percentage of the tour price in addition to the processing fee (exceptions are listed under clause 6.2.1.). 30 – 15 days before departure: 30%, 14 – 8 days before departure: 50%, 07 – 01 days before departure: 80%, on the day of departure: 100%.
Please note that you have no claim for a refund in case of a cancellation. This is why we recommend you take out travel insurance that covers both cancellation, discontinuation, repatriation and rescue costs.
6.2.1 Exceptions
The following exceptions also apply:
6.2.1.1. 100 % of the price must be paid if tours or tour programmes requiring a minimum number of participants are cancelled between 21 and 00 days before departure.
6.2.1.2. Airlines will not take back any tickets already issued. In case of a booking that includes flights, we will charge the full price of the flight in case of a cancellation, no matter at which time the tour is cancelled, in addition to any cancellation fees that are charged on a pro rata basis.
6.3 No-show
If a passenger misses the flight, then the tour operator is no longer required to transport the passenger. This applies in particular in cases of rescheduled flights. Passengers are obliged to reconfirm the time of their flight 24 hours before their return flight by contacting the relevant travel agency. VIP Tours Cabo Verde will confirm all domestic flight for which VIP Tours Cabo Verde acted as an agent.
6.4 Flights
In addition to a processing fee, all costs incurred with the airline (up to 100%) will be charged if the flight is cancelled/changed after the ticket has been issued and is not covered by cancellation insurance. In addition, you will be charged a processing fee of Euro 30.00 per person to a maximum of Euro 60.00 per booking request for any changes or cancellations of flights.
6.4.1. In case of changes to flights, the provisions of the respective transport company apply if we assist you in rebooking the flight. We recommend that you take out travel insurance. If you rebook a more expensive flight, we will charge the difference in price in addition to the rebooking costs. A refund of the difference is not possible in the reverse case. A change in destination is not possible. Rebooking the flight for another person is not possible.
6.5 Replacement person
Should you be unable to travel, you can generally have another person take your place with VIP Tours Cabo Verde. In this case, however, the following conditions apply: your replacement must be willing to accept your travel arrangements under the same conditions you have agreed with us. The other companies involved in your travel arrangements (airlines) must accept this change, which may present some difficulties, especially during peak season, or may come to nothing due to provisions governing air fares. Your replacement must meet the special travel requirements (passport, visa, vaccination provisions). Your replacement is not prevented from participating in the tour due to a legal or official order. This person and you shall be jointly and severally liable for the payment of the price as well as for any extra costs that may be incurred due to the transfer.
6.6 PT cutting the trip short or making changes during the trip
We would like to point out that there is no claim for a refund if you cut your trip short. Should you have to cut the trip short for any reason or want to make changes, VIP Tours Cabo Verde cannot reimburse the travel costs to you. However, we will not charge you for any services you did not use and for which we were not invoiced. We recommend that you take out insurance covering cancellation and return travel costs that will pay for the costs incurred should you cut the trip short for compelling reasons (e.g. illness or accident, severe illness or death of a family member). Our travel management will help you organize your early return or the changes you wish to make to the best of our ability.
7. Disclaimer
7.1. Any participation in hiking trips and tours is always at your own risk.
Neither VIP Tours Cabo Verde nor the tour guide is liable for any injury, personal injury, property damage or illness suffered by the PT during the trip.
7.1.1 VIP Tours Cabo Verde does not accept any liability for direct damage in the case of death, bodily injury or illness during the trip. This also applies in the case of death, bodily injury or illness suffered by you in connection with air transport or with the use of transport companies.
7.1.2 Property Damage. VIP Tours Cabo Verde accepts no liability for theft, losses or material damages incurred during a trip with VIP Tours Cabo Verde. In case of damages or losses in connection with air transport or the use of transport companies (train, ship, bus, etc.), any liability of VIP Tours Cabo Verde is excluded. We therefore recommend that you take out baggage insurance.
7.1.3 Transport companies. In the case of transport by water, land or air, it is exclusively the transport company that is liable for any material damage, loss of luggage, personal injury or death caused by it.
7.1.4 Flights. In the case of flights, the general Terms and Conditions of the relevant airline apply. VIP Tours Cabo Verde has no control over changes to flight schedules, punctuality or carrying out the flights. VIP Tours Cabo Verde is not liable for any additional costs the PT may incur due to delays or cancellations of flights, nor for any programmes cancelled due to flight delays.
Baggage: In the case of flights, the relevant airline must be immediately notified on site of any damage to or delay in the delivery of baggage by means of a damage report (P.I.R.). In addition, the tour operator or the local office of VIP Tours Cabo Verde must be notified of any loss, damage or misdirection of baggage. Should the forwarding of baggage arriving on later flights result in additional costs, these shall be borne by the PT to the extent not covered by the airline.
Force majeure: In case of flight delays or cancellations due to force majeure (weather, strike, etc.), the airline usually does not pay for meals, additional hotel costs or the like.
Please contact us by phone if you cannot continue your journey on the scheduled day.
7.2. Group tours requiring a minimum number of participants
If a minimum number of participants is specified for your trip and this number cannot be reached,
VIP Tours Cabo Verde reserves the right to cancel the trip no later than 3 weeks before the start of the trip or to come up with a replacement offer, which may also differ in price from the original offer. The customer is free to accept or reject this replacement offer within a new deadline. Should the customer reject the new offer, he/she will be immediately reimbursed for any payments already made. No further claims exist.
7.3. Programme changes
7.3.1.1 Even during the trip, VIP Tours Cabo Verde – and in this case also the tour guides and/or hiking guides acting on its behalf – have the right to change individual programme points for
plausible reasons, for example due to weather condition, the state of the roads, changes in flight times or changed opening times. The advertisement describes the planned itinerary without determining the actual itinerary in detail.
7.3.1.2 In addition, the tour guide may also change individual program points in consultation with the PT and with VIP Tours Cabo Verde, if this is done at the request and with the agreement of the PT or in their interest. Should additional costs arise due to the change, the PT must be informed thereof in advance and agree to carry such costs.
7.3.2 If VIP Tours Cabo Verde has to change a trip you have already paid for and such change objectively results in a value that is less than the value of the originally agreed service, you will receive a refund from VIP Tours Cabo Verde.
7.4 Withdrawal from contract by VIP Tours Cabo Verde before or after start of the trip
7.4 .1 Exclusion of a PT who is part of a group tour
VIP Tours Cabo Verde shall be released from fulfilling the contract if a PT in the
course of the group tour consistently disrupts the tour through behaviour that is grossly improper
despite having been warned. In this case the PT, provided that he/she is at fault, is obligated to compensate VIP Tours Cabo Verde for the damages incurred. Any additional costs (e.g. for a premature return, accommodation costs, meals, etc.) are to be borne by PT.
7.4.2. VIP Tours Cabo Verde is entitled to cancel or abort a tour due to “impossibility of performance” (e.g. in case of adverse weather conditions, illness of a hiking guide, government orders, strikes, war or warlike conditions, epidemics, natural catastrophes, etc.). The participating travellers are entitled to
be reimbursed proportionately for the expenses not incurred by VIP Tours Cabo Verde; no further claims exist. Any additional costs incurred are to be borne by the participating travellers.
7.5 In all cases involving a liability claim, the maximum liability of VIP Tours Cabo Verde shall be limited to the price of the travel package.
8. Legal basis in case of default in performance
8.1 Duty to cooperate – notification of defect
If the tour is not carried out in accordance with the contract, the PT may demand redress. The PT is obligated to immediately notify the tour guide or another representative of VIP Tours Cabo Verde of any deficiencies that occur during the trip. Should the PT fail to fulfil this obligation, any claim for compensation shall be forfeited. The tour guides are not authorized to recognize any claims of the PT. The PT has a warranty claim in case of non-performance or insufficient performance. The PT agrees that VIP Tours Cabo Verde shall offer him/her defect-free services or improve the defective services within a reasonable time in lieu of a rescission of contract or a reduction in price. Redress may also be brought about by eliminating the defect or providing services of equal or greater value, which requires the express consent of the PT.
8.2 The PT shall assert any claims within one month of the end of the trip as set out in the contract. The PT can assert his/her claim by sending it in a timely manner to the address stated below. After expiry of the deadline, the customer can only assert a claim if he/she was prevented from meeting the deadline through no fault of his/her own.
Applicable Law and Place of Jurisdiction
VIP Tours Cabo Verde is a company registered under the number 92/2008 with headquarters in Paul/Santo Antão, Cape Verde. The contractual relationship between you and VIP Tours Cabo Verde is exclusively governed by the laws of the Republic of Cape Verde. Any action against VIP Tours Cabo Verde can only be brought at the company’s headquarters in Paul. However, before any action is brought, we strive to come to an agreement between you and us that is balanced and fair.
GTC as of 01.06.2014
VIP Tours Cabo Verde, Paul, 01.06.2014